Subpoena in summary proceedings in France: the strategic guide for SME managers, CEOs and Entrepreneurs
Everything you need to know about summary proceedings: procedure, deadline, time, costs, costs, examples, model, expertise and challenges for SME managers. Complete guide by Guillaume Leclerc, lawyer in Paris.
What is an interim injunction? Clear definition and challenges for your SME
An interim injunction is an emergency legal procedure that allows you to quickly obtain an interim decision to preserve your rights or avoid serious and imminent harm. When a situation requires a quick response from the judge without waiting for a decision on the merits, an interim injunction is necessary. This approach does not settle the dispute definitively but makes it possible to obtain precautionary measures or to put an end to an obvious disturbance.
Concrete example: If a partner abruptly stops delivering goods essential to your business, the arbitrator can order the immediate resumption of deliveries.
Why resort to summary proceedings? Urgency and interests for SMEs
An interim injunction is recommended when it is necessary to act quickly to:
- Stop a clearly illicit disorder (e.g.: abusive occupation of a premises by a third party);
- Prevent imminent damage that would be irreversible for the company (e.g. destruction of perishable stock);
- Obtain a rapid judicial expertise (e.g.: technical dispute over the conformity of a delivered machine);
- Obtain a provision on a debt that is not seriously disputable (e.g.: unpaid invoice not seriously contested).
Practical frame : The summary decision is called an “interim order”. It is temporary but can be implemented immediately.
Procedure for summary proceedings before the judicial or commercial court
The key steps of the procedure
- Emergency assessment : the situation must justify rapid treatment.
- Writing the assignment : it must state precisely the facts, the urgency, the request and the legal bases.
- Meaning of assignment : it is issued by a commissioner of justice (ex-bailiff) to the opposing party.
- Filing at the Registry : the summons must be filed in several copies with the competent court.
- Fixing the audience : the registry sets a hearing date as quickly as required by the emergency.
- Appearance and pleadings : the parties present their position before the interim relief judge.
- Interim order : decision of the judge, automatically enforceable with some exceptions.
- Substantive remedies and procedures : the order may be amended or withdrawn if substantive action is taken.
Table — Summary of the stages of the interim assignment
Concrete example — Referral clause in a contract
“In the event of a dispute likely to cause serious harm or hinder business, the parties agree to urgently refer the matter to the President of the competent court in order to have any useful interim measure decided by summary proceedings.”
Summons for summary proceedings before the judicial court and the commercial court
Judicial court
The judicial court is competent for civil disputes (contracts, leases, disputes between individuals and companies). It deals with interim proceedings in the presence of a clear emergency or a situation requiring rapid expertise.
Commercial court
The commercial court is competent for commercial disputes between companies, traders or commercial acts. The summons for summary proceedings before this court follows a similar formalism, but the urgency of the commercial dispute is the main criterion adopted.
Practical case : A supplier interrupts the delivery of equipment alleging an abusive breach of contract; the manager of an SME submits an appeal to order the resumption of deliveries.
Deadline for an interim injunction and 15-day deadline: what you need to know
In principle, summary proceedings must comply with ordinary law deadlines but may exceptionally benefit from a reduction, authorized by the judge. Generally, a minimum period of 15 days must be allowed between the issuance of the summons and the hearing, except for greater urgency (referred to as “hour to hour”).
Key point: In case of extreme urgency, this period can be reduced with the express authorization of the judge, thus allowing the manager to obtain a hearing within 48 to 72 hours in very sensitive cases.
Assignment in summary expertise: How to use and interest for the company manager
An injunction also makes it possible to request the appointment of a judicial expert, especially in the event of technical disputes or to preserve evidence before any trial.
Concrete example: Before engaging a service provider responsible for faulty workmanship, it may be strategic to request an expert opinion in order to secure the evidence.
Table — Expertise referral: Steps and costs
Price and cost of an interim injunction for an SME
The price of an interim summons depends on several factors: commissioner's fees, lawyer fees, court fees and, where applicable, expert fees.
- Cost of a justice commissioner : around 80 to 150€
- Lawyer fees : from 1000 to 5000€ depending on the complexity
- Registry fees : varies according to jurisdiction (sometimes including pleading rights)
- Overall cost of a referred expertise : on average 2,174€, but this can vary from 30€ to more than 10,000€ for very technical expertise
Can you subpoena or be summoned for summary proceedings without a lawyer?
In some cases, the presence of a lawyer is not mandatory (e.g. amount less than €10,000 in court). However, due to the technicality of the procedure and its effects, it is strongly recommended that you be assisted by a commercial litigation lawyer.
Referral assignment template (extract to be customized)
Below is an introductory clause template that can be customized with your elements:
“To the attention of the President of the Tribunal to [indicate competent jurisdiction]:
Given the urgency, you are asked to [specify the desired measure: order the resumption of deliveries, appoint an expert, etc.] while waiting for a substantive solution...”
Attention: The act must be drawn up in a precise and detailed manner under penalty of nullity. In case of doubt, always seek a lawyer.
What to do after being referred for summary proceedings? Respondent's response
You have just received an injunction: it is imperative to act quickly. Analyzing arguments, collecting evidence, preparing a written response (conclusions) and appearing at the hearing to present your defense is essential.
Concrete frame: If the defendant is absent, the judge will issue a default order, generally unfavorable to the absent party.
Useful link to learn more: the subpoena procedure
To better understand the procedure, check out the complete guide here:
https://www.victorisavocat.com/blog/assignation-au-fond-guide-complet-pour-les-dirigeants-de-pme
FAQ — Summons in summary proceedings: answers to common questions
How does an interim injunction process work?
The procedure is fast: preparation of the file, service by bailiff, filing with the court office, hearing before the interim relief judge, decision in the form of an order that is generally enforceable immediately.
What is the deadline for an interim injunction?
In principle, a period of 15 days must be respected unless there is express authorization to reduce this period in case of great urgency. The judge may grant a hearing in an exceptionally short period of time.
How do I respond to a summons in summary proceedings?
You must prepare a quick and structured defense, gather all the necessary supporting documents, and present your arguments in writing and at the hearing. The assistance of a lawyer is strongly recommended.
What is the price of a referral?
The price varies according to the complexity (see dedicated table above), but count on average between €2,000 and €5,000 including all costs.
Summons for summary proceedings without a lawyer: is it possible?
In some limited cases, yes, but the procedure is very technical. The support of a lawyer offers you the best guarantees of success.
Assignment in summary expertise: how does it work?
The judge can appoint an expert to quickly and technically examine the case. The expert fees are advanced by the party or parties and awarded definitively at the end of the procedure.
How much does an interim summons cost?
On average €2,174 for an expertise, but this amount varies, especially depending on the sector concerned.
Summons for summary proceedings before the judicial court?
The procedure is similar: emergency, act issued by the Commissioner of Justice, filing at the registry office, rapid hearing.
Exempt assignment model?
See example above — to be customized with advice from your lawyer.
Subpoena in summary proceedings in commercial court?
The formalism is similar to a court of law, but jurisdiction is linked to the commercial nature of the dispute.
Subpoena in summary proceedings within 15 days?
With some exceptions, this deadline must be respected (see below).
Definition of interim injunction?
It is a judicial route that allows interim measures to be obtained quickly while awaiting a judgment on the merits.
Assigned in summary proceedings: what to do?
Take immediate action: consult a lawyer, prepare your defense, gather evidence, and appear at the hearing.
Regulated matter and the need for legal advice
Pre-trial litigation meets strict rules and the slightest error can seriously compromise a defense or a claim. It is always advisable to seek the advice of an experienced lawyer in order to anticipate each particularity of your case.
Article written by Guillaume Leclerc, lawyer in commercial contracts and commercial litigation in Paris
