How to challenge a court decision

How to challenge a court decision

Updated the

Wednesday, May 16, 2012

Making opposition to a judgment

There is another way to file an appeal against a decision that is challenged: the opposition.

Can be opposition to judgment when it was rendered "by default", i.e. in the absence of the defendant at the hearing and that no lawyer was.

To be considered as rendered by default, the impugned decision must not be the subject of an appeal (it was made as a last resort). In addition, the defendant must not have cited "in person" (article 473 of the new Code of civil procedure). This is the case when, for example, the summons issued by the bailiff was made at home (but not by hand to the person concerned) or town hall.

An avenue of redress for the defendant

The opposition is only open to the defaulting party, indicates section 571 of the new Code of civil procedure. Indeed, it is estimated that if the subpoena was not delivered to the defendant in person, it could, in good faith, ignore that a lawsuit was filed against him.

And the decision was made as a last resort, he has more opportunity to judge the merits of its case by presenting his defence arguments (remains it in this case than the cassation).

Have an interest in bringing

The opposition thus absent defendant - who was unable to present its case at the hearing - to request that his case be judged again both in fact and in law, before the same tribunal which has already ruled on the issue.

The person making opposition must however have an interest to act: it cannot be opposition to the extent where the decision is negative, the only character of lack of judgment does not in itself constitute a grievance. It must therefore have been sentenced, even partially, for opposition to the decision in his absence.

Always within a period of one month

The opposition must be made within the period of one month from the notification of the decision by default to the ill person. It will remain to him to seize the Court which made the decision, in the same form as those required under the ordinary procedure.