Conclusions (right)

In Civil procedure, the conclusions are a document which contains the talk of the means in fact or right on which the claims and defenses of the parts are based. The word indicates at the same time the container and the contents.

in the procedures known as " orales" (without obligatory representation by a lawyer or a Acknowledged), the conclusions are not obligatory. The parts can present their argument perfectly orally.

orality is thus of rule in front of the Magistrates' court, the Bankruptcy court, the Court of the arbitration, the equal Tribunal of the rural beams and Tribunal of the social security cases.

However, in practice, to be informed means of their adversaries, the lawyers generally notify conclusions before the audience of which they deposit an original between the hands of the judge at the time of the pleadings. The use of the deposit of conclusions is thus general even when the procedure is oral.

in the procedures known as " écrites" (when the representation by a lawyer or a solicitor is obligatory), only the arguments and the requests formulated in writing can be judged by the court.

The conclusions can contain incidental requests such as an additional request or counter.

Other names

the conclusions cannot be deposited after the debate closure which is decided by the judge. However, when at the conclusion of the pleadings, a part or more generally a lawyer, can be requested by the judge to clarify in writing a point of the explanations to him which it could give orally, it does not act any more a " conclusions" but of a " note on of deliberated "

the Public prosecutor takes Réquisition S in the penal matters, it " dépose" on the other hand conclusions in the civil cases in which it intervenes.

Before the Court of appeal the councils give not of the conclusions, but of the memories.

Random links: