Court of First Instance

Like most procedures, a procedure usually starts with a citation with an indication of an opening session. As a rule, a case will not be dealt with, except for uncontested cases, or the appointment of an expert, and other protective measures. Application of art. 735 judicial Code.

In other cases, deadlines for conclusion are set. Normally 1 conclusion and a synthesis conclusion. This will be considered in the assessment. On average, a time lapse of approximately 1 year. A letter from the Court will indicate this calendar quite early, and normally also the designation of the hearing to plead the case.

In that conclusion the arguments are developed. The person who asks must prove. These are essential. A file therefore also contains a set of evidence that must be carefully inventoried.

The parties must not appear before a court of First Instance. After the hearing, the case is considered. The law then provides for a judgment within one month. In practice this can take a little longer. Whoever wins the case then makes the settlement to the other party. Either he or she will resign or appeal. If it takes too long, the forwarding will be ordered and the bailiff will have it served (in practice he will give a copy of this; in the absence a message will be left. Please pick it up immediately and inform your lawyer. the appeal period of 1 month is an expiry period ....