The exhibit listExhibit list · Interim proceedings
Interim proceedings in France (référé): choosing the ground, preparing the writ and its exhibit list, and what the order is worth
The French interim judge (juge des référés) orders provisional measures fast: in an emergency (Code of Civil Procedure, article 834), to stop a manifestly unlawful disturbance or grant an advance when the obligation is not seriously disputable (article 835), or to secure evidence before any trial (article 145). A writ brings the case, listing its exhibits in a schedule. The order applies at once; appeal within 15 days.
Go to the tool: the exhibit list
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General legal information with official references and dated checks. It is not personalised advice: for a decision that commits you, have your situation checked by a qualified professional.
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Say what you are asking for, against whom, the amount at stake and the documents you already have.
Example questions
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What do you need to go to the interim judge?
The writ (assignation) brings the claim to a référé hearing; its exhibits are listed in a schedule attached to it.
- Document 1
The writ (assignation)
The place, day and time of the hearing, the statement of facts and legal grounds, how to appear and the risk of a judgment on the other side’s evidence alone (Code of Civil Procedure, article 56, version applicable to proceedings started from 1 October 2026).
- Document 2
The exhibit list (bordereau de pièces)
The list of documents the claim relies on, attached to the writ, on pain of nullity (article 56, 3°).
- Document 3
Service by a judicial officer
The writ carries the statements required for a judicial officer’s (commissaire de justice) deed (article 56).
- Document 4
The hearing
On the usual référé day and time, or at a set hour, even on a public holiday, if the case is urgent (article 485); the judge checks that the other side had time to prepare a defence (article 486).
- Document 5
The €50 contribution
Due for a civil case started before the judicial court or the employment tribunal, unless you receive legal aid (General Tax Code, article 1635 bis Q).
When should you go to the interim judge?
In an emergency, for measures that meet no serious challenge or that a dispute justifies (French Code of Civil Procedure, article 834). Even facing a serious challenge, to prevent imminent harm or stop a manifestly unlawful disturbance (article 835).
The interim judge is not deciding the merits: the order is a provisional decision, made with the other side present or summoned (article 484).

How do you obtain an advance payment in référé?
When the existence of the obligation is not seriously disputable, the judge can grant the creditor an advance (provision), or order performance of the obligation, even an obligation to do something (article 835, second paragraph).
A debt disputed on the merits will not pass: the exhibit list must show the title, the formal notice and the statement of the sum, and the exchanges that show no serious dispute.
For a business-to-business invoice and the choice of commercial recovery route, use the unpaid business-invoice recovery guide. If you have received an order, follow the French payment order received guide instead.
Source: CPC 835
Can you ask for an expert before a trial?
Yes, if there is a legitimate reason to preserve or establish, before any trial, evidence of facts on which a dispute might turn: investigation measures are ordered on application or in référé (article 145). Urgency is not required.
The applicant chooses between the court for the merits and the court where the measure is to be carried out; if it concerns a building, only the court where the building stands has jurisdiction (same article).
Source: CPC 145
What is the order worth, and how do you challenge it?
The référé order is provisionally enforceable, and the interim judge cannot set that aside (article 514-1). It does not decide the merits: a full trial can follow (article 484).
An appeal is possible within 15 days, unless the order comes from the first president of the court of appeal or is made in the last resort; if made in the last resort by default, it can be opposed within the same time (article 490).
Which ground, and which exhibits for your writ?
This exhibit list prepares a provisional application before the judicial court, protection litigation judge or employment tribunal; it does not prepare an ordinary claim on the merits or commercial or administrative interim proceedings. Give what you are asking for, the court, the amount at stake and the documents you have: the exhibit list names the article to rely on, says whether a lawyer is compulsory, numbers the documents and flags the missing ones. The example: an advance of €6,000 before the judicial court, with the contract, the formal notice, the statement and the exchanges.
Fictional example · the writ’s exhibit list
Ground: article 835, second alinéa of the Code of Civil Procedure. The writ must list its exhibits in an attached schedule.
- Article to rely on
- Article 835, second alinéa
- Lawyer
- Amount exemption: non-exclusive matter, claim at most €10,000
- Appeal, where available
- Within 15 days of notification; check whether the order is final
| No. | Exhibit | What it proves | Status |
|---|---|---|---|
| 01 | Contract, lease or deed at the root of the dispute | The right or obligation relied on | In the file |
| 02 | Judicial officer’s report or dated photos | The disturbance or harm, and its date | Optional |
| 03 | Formal notice left unanswered | That the other side was asked to perform | In the file |
| 04 | Statement of the sum claimed | The amount of the advance | In the file |
| 05 | Documents showing a possible dispute | The legitimate reason to secure evidence (article 145) | Optional |
| 06 | Documents showing the urgency | The urgency of the measure (article 834) | Optional |
| 07 | Exchanges with the other side | Their position, and the absence of a serious dispute | In the file |
Indicative result: the judge assesses the urgency, the disturbance or how serious the dispute is from the documents; some matters are reserved to the judicial court and require a lawyer whatever the amount.
What does article 835 of the French Code of Civil Procedure say?
The référé text that works even against a serious challenge.
Le président du tribunal judiciaire ou le juge des contentieux de la protection dans les limites de sa compétence peuvent toujours, même en présence d’une contestation sérieuse, prescrire en référé les mesures conservatoires ou de remise en état qui s’imposent, soit pour prévenir un dommage imminent, soit pour faire cesser un trouble manifestement illicite.
Dans les cas où l’existence de l’obligation n’est pas sérieusement contestable, ils peuvent accorder une provision au créancier, ou ordonner l’exécution de l’obligation même s’il s’agit d’une obligation de faire.
In English, briefly (our summary, not an official translation): The president of the judicial court, or the protection litigation judge within their jurisdiction, may always, even where there is a serious challenge, order in référé the protective or restoring measures needed to prevent imminent harm or to stop a manifestly unlawful disturbance. Where the existence of the obligation is not seriously disputable, they may grant the creditor an advance, or order performance of the obligation, even an obligation to do something. Our note: article 834 covers emergencies, provided there is no serious challenge; at the employment tribunal, articles R1455-5 to R1455-7 of the Labour Code give the same powers.
Which ground for what you are asking?
The ground decides what you must prove; only article 834 requires urgency.
| Claim | Condition | What the judge can order | Text |
|---|---|---|---|
| Urgent measure | Urgency, with no serious challenge | Any measure, or one a dispute justifies | Article 834 |
| Stop a disturbance, prevent harm | A manifestly unlawful disturbance or imminent harm | Protective or restoring measures | Article 835, first paragraph |
| Advance or performance | An obligation not seriously disputable | An advance, or performance of the obligation | Article 835, second paragraph |
| Expert or report before a trial | A legitimate reason to secure evidence | An investigation measure | Article 145 |
| Dispute with one’s employer | The same conditions | The same measures, by the joint référé panel | Labour Code, articles R1455-1 to R1455-7 |
Before the judicial court a lawyer is compulsory, except before the protection litigation judge or for a claim of €10,000 or less outside reserved matters (articles 760 and 761).
Sources: CPC 834 · CPC 835 · CPC 145 · C. trav. R1455-1 · C. trav. R1455-6 · CPC 760 · CPC 761
What do people starting interim proceedings in France ask?
Do I need a lawyer for a référé?
Before the judicial court, as a rule yes; not before the protection litigation judge, nor for a claim of €10,000 or less outside matters reserved to that court (Code of Civil Procedure, articles 760 and 761).
How long between the writ and the hearing?
No set figure: the judge makes sure the other side had enough time to prepare a defence (article 486).
Does the interim order end the dispute?
No: it is a provisional decision that does not decide the merits (article 484); it is nonetheless enforceable at once (article 514-1).
Are référé-suspension and référé-liberté the same thing?
No: they are administrative-court procedures against a decision of the administration (Code of Administrative Justice, article L521-1 for suspension).
Is there a référé at the employment tribunal?
Yes: a référé panel of one employee member and one employer member has the same powers (Labour Code, articles R1455-1 to R1455-7).
Which texts are French interim proceedings based on?
- Code of Civil Procedure, article 56 (contents of the writ, version applicable to proceedings started from 1 October 2026)Légifrance
- Code of Civil Procedure, article 145 (pre-trial investigation)Légifrance
- Code of Civil Procedure, article 834 (emergency référé)Légifrance
- Code of Civil Procedure, article 835 (disturbance, harm, advance)Légifrance
- Code of Civil Procedure, article 484 (provisional order)Légifrance
- Code of Civil Procedure, article 490 (15-day appeal)Légifrance
- Code of Civil Procedure, article 514-1 (provisional enforcement)Légifrance
- Code of Civil Procedure, article 760 (lawyer required)Légifrance
- Code of Civil Procedure, article 761 (lawyer not required)Légifrance
- Labour Code, article R1455-1 (employment tribunal référé panel)Légifrance
- Labour Code, article R1455-6 (disturbance and harm at the employment tribunal)Légifrance
- Code of Civil Procedure, article 485 (writ at a set hour)Légifrance
- Code of Civil Procedure, article 486 (time to prepare a defence)Légifrance
- General Tax Code, article 1635 bis Q (€50 contribution)Légifrance
- Civil case: acting fast in référé (fiche F1378, in French)Service-public.fr · checked on 1 March 2026
Texts cited last checked: 27 September 2026