Civil & Commercial Litigation
Judicial Conclusions
Conclusions present claims and their arguments to the judge. Facts, documents, and amounts: understand their preparation with the lawyer.
Lexicon
Civil & Commercial Litigation
Principle of Adversarial Proceedings
The principle of adversarial proceedings requires that parties can know and discuss the claims, arguments, and documents used in the trial. The judge also ensures its respect. It protects the possibility of preparing a useful defense.
An important document should not be thought of only as a document to show the judge: its communication to the other party must be organized according to the procedure. Keep the lists and proofs of transmission. In a dispute, distinguish the disagreement on the content of a document from a difficulty related to its late or incomplete communication.
Preparing for adversarial proceedings also means planning the necessary time to respond. A decisive document received late must be reported in the procedure, with its communication date. This control concerns the organization of the debate, independently of the probative value of the document.
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