Writ of summons (assignation)

The writ of summons (assignation) is the instrument served by a commissaire de justice (judicial officer) by which the claimant informs the opposing party that proceedings have been brought against it and summons it to appear before the court seised. It is the ordinary means of commencing proceedings before the judicial court. Its content is governed by Articles 54 and 56 of the French Code of Civil Procedure, which require in particular the identification of the court, the subject matter of the claim, a statement of the factual and legal grounds and a list of the exhibits on which the claim is based.

Particulars and form of the writ

The writ combines the particulars required for any instrument served by a commissaire de justice with those required for an originating claim. Before the judicial court, representation by an attorney is in principle mandatory, and the defendant has fifteen days from service to appoint counsel in the ordinary written procedure. Since the 2019 reform, the writ states the hearing date communicated by the court registry, and a copy must be filed with the registry within the time limit laid down by the rules, failing which the writ lapses. The omission of a particular renders the writ void for a defect of form only if the opposing party proves the prejudice it has suffered as a result.

Effects of service

The court is seised when the copy of the writ is filed with the registry, which fixes the initial subject matter of the dispute. Additional claims remain possible in the course of the proceedings, provided they are sufficiently connected to the original claims. Under Article 2241 of the Civil Code, the writ interrupts limitation and foreclosure periods, and this effect lasts until the proceedings come to an end. It also serves as a formal demand for payment and causes default interest to run on the sums claimed.

The writ of summons in intellectual property matters

Intellectual property actions fall within the jurisdiction of specially designated judicial courts, and patent actions within that of the Paris Judicial Court alone. After a saisie-contrefaçon, the party who obtained it must bring proceedings on the merits within twenty working days or thirty-one calendar days, whichever is longer, failing which the seizure is annulled at the request of the party subjected to it. The technical content of the writ, discussed in the entry on the writ of summons for patent infringement, should be complete from the outset, as the debate is then structured before the pre-trial judge.

Key points

The writ of summons sets the initial framework of the case and determines its procedural validity. Before service, check the competent court, standing to sue, the hearing date and the deadline for filing with the registry. In infringement matters, the time limit triggered by the saisie-contrefaçon should be tracked from the day of the operation, and the statement of grounds should be complete enough to avoid having to rebuild the claim in the course of the proceedings.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats litigates patent disputes before the Paris Judicial Court, the Paris Court of Appeal and the Unified Patent Court. Where the question arises in a real case, the useful moment is almost always before proceedings are issued.

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