This procedure is intended to put the last will and testament case ready to be judged. This procedure is essential and is almost the majority of disputes. In other words, when a lawsuit is filed, there is always a pre-trial procedure, regardless of the type of file and some are the Court.
In practice things will take place thus:
Imagine that the tribunal is seized by a party seeking the conviction of his opponent to pay him a sum of money.
The Court is called the plaintiff. Against which the tribunal is seized is named the defendant.
He’s going to either that the tribunal cannot know in advance if the applicant is in the right. He is also going to either that the defendant must be able to make its case.
Therefore, there will be an exchange of arguments between the parties which will allow the Court to say “who is wrong and who is right” at the end.
This exchange of arguments will be written in the so-called “findings.”
The conclusions are acts of procedure where each exposes his arguments. Similarly, the parties shall produce the documents on which they based their arguments.
One who seeks to collect a debt will produce in court the invoice on which it is based when contesting the will and probate
Here again, the parties shall send each other and conversely a copy of their documents.
This exchange of findings and parts will be done during the pre-trial procedure.
The result, the pre-trial procedure will consist of different so-called “pre-trial hearings” hearings during which the parties will produce their written submissions and to exchange their parts.
Once the parties have filed their written submissions, they will be able to make all of their arguments and replied to the cases of the opposing party; the Court will close pre-trial, i.e. end.
The Court will then fix an argument which will be the ultimate date of hearing during which the parties will orally present their claims and disputes.
Concretely, let’s see how this can happen using a concrete example.
Suppose that a company attack an individual in him calling for a £2,000,000 (pounds).
This company, through his lawyer, write an assignment which is the Act by which it exposes his claims, arguments, and explains why she believes that his opponent owes 20 000,00 euros.
The tribunal will, therefore, open the pre-trial procedure.
A first hearing date will be set.
This first court date will allow counsel for the respondent to establish, to inform the applicant and the Court that he will represent the defendant.
At the first pre-trial hearing, the Court will see that the defendant to a lawyer and will set a second hearing date so that this lawyer can file his written submissions.
As soon as counsel for the respondent, counsel for the applicant must send a copy of its parts.
For the second pre-trial hearing, counsel for the respondent must file its written submissions with the tribunal and sent to counsel for the applicant a copy of its findings as well as a copy of his plays.
This second pre-trial hearing, the Court will then see that counsel for the respondent filed written submissions and attach a third pretrial hearing so that counsel for the plaintiff can in turn deposit conclusions in the replica.
Indeed, the defendant will raise some arguments to which the applicant will undoubtedly want to answer.
At the third pre-trial hearing, counsel for the applicant will file its findings in replica, and the tribunal will return this case to a fourth State hearing counsel for the respondent to reply in turn to the conclusions in reply of the applicant.
In short, during different pre-trial hearings, the parties deposit and exchange their writings so that everyone can know the arguments of the other.
This is called the “principle of contradiction” that is the fact that everyone can contradict the arguments of the other.
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After some pre-trial hearings, everyone arrives at the end of what he had to say.
So, it is more necessary to submit other writings under penalty of going round in circles…
We, therefore, reach the end of the pre-trial procedure and when each party has filed all the writings in which she recorded all of its arguments, the tribunal will close this pre-trial stage and will set a date for oral argument.
The defendant must know that a trial is always enamelled pre-trial hearings and there is no need to make justice slower but naturally more effective.
Indeed, so a court can make a decision based on law, must know all the arguments of each of the protagonists and it must be able to have all of the parts necessary for the assessment of the case.