Writ of summons in France: mandatory statements as at 1 October 2026

Choose the court and answer the questions: the tool builds the header block to insert in a writ of summons in France, lists the statements required in the body of the document with the article that requires each one and the penalty provided, then calculates the service and court-filing dates.

Unless stated otherwise, the articles cited are those of the French Code of Civil Procedure.

Mandatory statements common to every writ of summons in France

Every originating claim states, on pain of nullity, the court seised, the subject matter of the claim and the full identity of each claimant. Where applicable, it also gives the description of any real property to be registered and the steps taken towards an amicable resolution, or the justification for being exempt from them (article 54). The writ of summons (assignation) also contains, under the same penalty, the place, day and time of the hearing, the statement of the grounds in fact and in law, the schedule of documents and details of how to appear (article 56). It must also include the statements required in any document served by a court commissioner (commissaire de justice), which are likewise prescribed on pain of nullity (article 648).

Are you on the side of the party being sued? The firm publishes a tool that calculates the time limit for appointing a lawyer and the risk of a judgment being given in your absence: what to do when you receive a writ of summons.

A prior attempt at amicable resolution remains a condition of admissibility for claims for payment of €5,000 or less, for the actions referred to in articles R. 211-3-4 and R. 211-3-8 of the Code of Judicial Organisation and for abnormal neighbourhood disturbance, unless an exemption applies. The judge may raise this inadmissibility of their own motion (article 750-1).

What changed on 1 October 2026

In the wording in force since 1 October 2026, point 4° of article 56 requires the writ to state how to appear and to specify that, if the defendant does not appear, they risk a judgment being given against them on the sole basis of the evidence provided by their opponent, “where applicable, in accordance with the third paragraph of article 472” (our translation) (article 56). Earlier templates must therefore be reviewed.

That third paragraph allows the judge at first instance, where the originating document was served in person and unless the claimant objects, to grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. It does not apply where the judge must give specific reasons for the decision or raise a ground of their own motion, and it applies only before the courts of the judicial order ruling in civil and commercial matters (article 472). The same warning now appears in the summons sent by the court registry (article 665-1).

The tool offers three wordings of this warning: the wording of the text, the wording followed by an explanation in plain terms, or the wording followed by the full reproduction of article 472. All three comply with point 4° of article 56. The second is the default because it remains readable for a defendant without a lawyer.

Lawyer required or not: the rule that determines the header block

Before the judicial court, representation by a lawyer is the rule (article 760). Article 761 exempts from it matters falling to the protection litigation judge, certain matters listed in the Code of Judicial Organisation and claims of €10,000 or less, except where the judicial court has exclusive jurisdiction, in which case a lawyer remains mandatory whatever the amount (article 761). These rules appear among the provisions common to the judicial court and apply on the merits and in urgent applications alike.

Where representation is mandatory, the writ of summons also contains the appointment of the claimant's lawyer and the time limit within which the defendant must appoint a lawyer (article 752), namely fifteen days from the writ of summons, or until the hearing if the document is served fifteen days or less beforehand (article 763). Where representation is not mandatory, it recalls article 832, states the conditions on which the defendant may be assisted or represented and, if applicable, gives the name of the claimant's representative. A claimant residing abroad must state there with whom they elect domicile in France, on pain of nullity (article 753).

Before the commercial court, a lawyer is mandatory except for claims of €10,000 or less, the proceedings under Book VI of the Commercial Code and disputes relating to the Trade and Companies Register (article 853). The writ of summons states the conditions on which the defendant may or must be assisted or represented and, for a claim for payment, the provisions of article 861-2 (article 855). The twelve economic activities courts, including that of Paris, apply the same rule, extended to agricultural amicable settlement (article 26, II (extract) of Law No. 2023-1059 of 20 November 2023). Before the enforcement judge, a lawyer is not mandatory for an eviction or a claim of €10,000 or less (article L. 121-4 of the Code of Civil Enforcement Procedures), and the writ of summons reproduces articles R. 121-8 to R. 121-10, on pain of nullity (article R. 121-11 of the Code of Civil Enforcement Procedures).

Header block of the writ of summons: judicial court, on the merits

With mandatory representation

Appearance statements: Judicial court, on the merits, with mandatory representation

You are required to appoint a lawyer to be represented before the judicial court. You have fifteen days from service of this writ of summons to do so. If it is served on you fifteen days or less before the hearing date, you may appoint a lawyer up to the hearing (articles 760 and 763 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Without mandatory representation

Appearance statements: Judicial court, on the merits, without mandatory representation

Representation by a lawyer is not mandatory. You may defend yourself or be assisted or represented by a lawyer, by your spouse, your partner or the person with whom you have entered into a civil partnership (PACS), by your relatives or in-laws in the direct line, by your relatives or in-laws in the collateral line up to and including the third degree, or by persons working exclusively in your personal service or for your business. A representative who is not a lawyer must show a special power of attorney (article 762 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Article 832 of the Code of Civil Procedure: “Without prejudice to the provisions of article 68, an incidental request for a payment period under article 1343-5 of the Civil Code may be made by letter delivered or sent to the court registry. The documents the party wishes to rely on in support of the request are enclosed with the letter. The request is communicated to the other parties at the hearing by the judge, who may instead have the registrar notify it to them, together with the enclosed documents, by registered letter with acknowledgement of receipt. The person making this incidental request may fail to attend the hearing, in accordance with the second paragraph of article 446-1. In that case, the judge grants the claims made against that party only if they are found to be regular, admissible and well founded.” (our translation)

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Header block of the writ of summons: judicial court, urgent application (president of the court)

With mandatory representation

Appearance statements: Judicial court, urgent application (president of the court), with mandatory representation

You are required to appoint a lawyer to be represented before the president of the judicial court ruling on an urgent application. You have fifteen days from service of this writ of summons to do so. If it is served on you fifteen days or less before the hearing date, you may appoint a lawyer up to the hearing (articles 760 and 763 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Without mandatory representation

Appearance statements: Judicial court, urgent application (president of the court), without mandatory representation

Representation by a lawyer is not mandatory. You may defend yourself or be assisted or represented by a lawyer, by your spouse, your partner or the person with whom you have entered into a civil partnership (PACS), by your relatives or in-laws in the direct line, by your relatives or in-laws in the collateral line up to and including the third degree, or by persons working exclusively in your personal service or for your business. A representative who is not a lawyer must show a special power of attorney (article 762 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Article 832 of the Code of Civil Procedure: “Without prejudice to the provisions of article 68, an incidental request for a payment period under article 1343-5 of the Civil Code may be made by letter delivered or sent to the court registry. The documents the party wishes to rely on in support of the request are enclosed with the letter. The request is communicated to the other parties at the hearing by the judge, who may instead have the registrar notify it to them, together with the enclosed documents, by registered letter with acknowledgement of receipt. The person making this incidental request may fail to attend the hearing, in accordance with the second paragraph of article 446-1. In that case, the judge grants the claims made against that party only if they are found to be regular, admissible and well founded.” (our translation)

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Header block of the writ of summons: judicial court, fixed-date writ of summons

With mandatory representation

Appearance statements: Judicial court, fixed-date writ of summons, with mandatory representation

You are required to appoint a lawyer before the hearing date (article 842 of the Code of Civil Procedure).

A copy of the application submitted to the president of the court is attached to this writ of summons.

You may inspect at the court registry the copy of the documents referred to in the application. You are hereby called upon to communicate, before the hearing date, the documents on which you intend to rely.

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Header block of the writ of summons: judicial court, accelerated procedure on the merits

With mandatory representation

Appearance statements: Judicial court, accelerated procedure on the merits, with mandatory representation

You are required to appoint a lawyer to be represented before the president of the judicial court ruling under the accelerated procedure on the merits. You have fifteen days from service of this writ of summons to do so. If it is served on you fifteen days or less before the hearing date, you may appoint a lawyer up to the hearing (articles 760 and 763 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Without mandatory representation

Appearance statements: Judicial court, accelerated procedure on the merits, without mandatory representation

Representation by a lawyer is not mandatory. You may defend yourself or be assisted or represented by a lawyer, by your spouse, your partner or the person with whom you have entered into a civil partnership (PACS), by your relatives or in-laws in the direct line, by your relatives or in-laws in the collateral line up to and including the third degree, or by persons working exclusively in your personal service or for your business. A representative who is not a lawyer must show a special power of attorney (article 762 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Article 832 of the Code of Civil Procedure: “Without prejudice to the provisions of article 68, an incidental request for a payment period under article 1343-5 of the Civil Code may be made by letter delivered or sent to the court registry. The documents the party wishes to rely on in support of the request are enclosed with the letter. The request is communicated to the other parties at the hearing by the judge, who may instead have the registrar notify it to them, together with the enclosed documents, by registered letter with acknowledgement of receipt. The person making this incidental request may fail to attend the hearing, in accordance with the second paragraph of article 446-1. In that case, the judge grants the claims made against that party only if they are found to be regular, admissible and well founded.” (our translation)

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Header block of the writ of summons: protection litigation judge (residential lease, consumer credit, over-indebtedness, guardianship)

Without mandatory representation

Appearance statements: Protection litigation judge (residential lease, consumer credit, over-indebtedness, guardianship), without mandatory representation

Representation by a lawyer is not mandatory. You may defend yourself or be assisted or represented by a lawyer, by your spouse, your partner or the person with whom you have entered into a civil partnership (PACS), by your relatives or in-laws in the direct line, by your relatives or in-laws in the collateral line up to and including the third degree, or by persons working exclusively in your personal service or for your business. A representative who is not a lawyer must show a special power of attorney (article 762 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Article 832 of the Code of Civil Procedure: “Without prejudice to the provisions of article 68, an incidental request for a payment period under article 1343-5 of the Civil Code may be made by letter delivered or sent to the court registry. The documents the party wishes to rely on in support of the request are enclosed with the letter. The request is communicated to the other parties at the hearing by the judge, who may instead have the registrar notify it to them, together with the enclosed documents, by registered letter with acknowledgement of receipt. The person making this incidental request may fail to attend the hearing, in accordance with the second paragraph of article 446-1. In that case, the judge grants the claims made against that party only if they are found to be regular, admissible and well founded.” (our translation)

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Header block of the writ of summons: commercial court or economic activities court, on the merits

With mandatory representation

Appearance statements: Commercial court or economic activities court, on the merits, with mandatory representation

You are required to appoint a lawyer to be represented before the commercial court (article 853 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Without mandatory representation

Appearance statements: Commercial court or economic activities court, on the merits, without mandatory representation

You are not required to appoint a lawyer. You may be assisted or represented by any person of your choice. A representative who is not a lawyer must show a special power of attorney (article 853 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Header block of the writ of summons: commercial court or economic activities court, urgent application (president)

With mandatory representation

Appearance statements: Commercial court or economic activities court, urgent application (president), with mandatory representation

You are required to appoint a lawyer to be represented before the president of the commercial court ruling on an urgent application (article 853 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Without mandatory representation

Appearance statements: Commercial court or economic activities court, urgent application (president), without mandatory representation

You are not required to appoint a lawyer. You may be assisted or represented by any person of your choice. A representative who is not a lawyer must show a special power of attorney (article 853 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Header block of the writ of summons: enforcement judge (excluding real property seizure)

With mandatory representation

Appearance statements: Enforcement judge (excluding real property seizure), with mandatory representation

You are required to appoint a lawyer to be represented before the enforcement judge (article L. 121-4 of the Code of Civil Enforcement Procedures and article 760 of the Code of Civil Procedure).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Article R. 121-8 of the Code of Civil Enforcement Procedures: “The procedure is oral.” (our translation)

Article R. 121-9 of the Code of Civil Enforcement Procedures: “The judge may, in accordance with the second paragraph of article 446-1 of the Code of Civil Procedure, exempt a party who so requests from attending a later hearing. In that case, the judge organises the exchanges between the parties. Communication between them is made by registered letter with acknowledgement of receipt or by notification between lawyers, and proof of it is given to the judge within the time limits the judge sets. At the end of the last hearing, the registry informs the parties of the date on which the judgment will be delivered.” (our translation)

Article R. 121-10 of the Code of Civil Enforcement Procedures: “During the proceedings, any party may also set out its arguments by letter addressed to the enforcement judge, provided that it shows that the opposing party was informed of it before the hearing by registered letter with acknowledgement of receipt. A party that uses this option may fail to attend the hearing, in accordance with the second paragraph of article 446-1 of the Code of Civil Procedure.” (our translation)

Statements specific to this procedure, in addition to the statements common to every writ of summons:

Without mandatory representation

Appearance statements: Enforcement judge (excluding real property seizure), without mandatory representation

Representation by a lawyer is not mandatory. You may defend yourself or be assisted or represented by a lawyer, by your spouse, by your partner or the person with whom you have entered into a civil partnership (PACS), by your relatives or in-laws in the direct line, by your relatives or in-laws in the collateral line up to and including the third degree, or by persons working exclusively in your personal service or for your business. A representative who is not a lawyer must show a special power of attorney (articles L. 121-4 and R. 121-7 of the Code of Civil Enforcement Procedures).

If you fail to appear, you risk a judgment being given against you on the sole basis of the evidence provided by your opponent, where applicable in accordance with the third paragraph of article 472 of the Code of Civil Procedure. Under that article, where the writ of summons was served on you in person, the court may, at first instance and unless the claimant objects, grant the claim provided that it is admissible and does not conflict with public policy, a protected freedom or a fundamental right. That power does not apply where the judge is required to give specific reasons for the decision or to raise a ground of its own motion.

Article R. 121-8 of the Code of Civil Enforcement Procedures: “The procedure is oral.” (our translation)

Article R. 121-9 of the Code of Civil Enforcement Procedures: “The judge may, in accordance with the second paragraph of article 446-1 of the Code of Civil Procedure, exempt a party who so requests from attending a later hearing. In that case, the judge organises the exchanges between the parties. Communication between them is made by registered letter with acknowledgement of receipt or by notification between lawyers, and proof of it is given to the judge within the time limits the judge sets. At the end of the last hearing, the registry informs the parties of the date on which the judgment will be delivered.” (our translation)

Article R. 121-10 of the Code of Civil Enforcement Procedures: “During the proceedings, any party may also set out its arguments by letter addressed to the enforcement judge, provided that it shows that the opposing party was informed of it before the hearing by registered letter with acknowledgement of receipt. A party that uses this option may fail to attend the hearing, in accordance with the second paragraph of article 446-1 of the Code of Civil Procedure.” (our translation)

Statements specific to this procedure, in addition to the statements common to every writ of summons:

The writ of summons timetable: service, filing with the registry, appointment of a lawyer

Before the judicial court, a copy of the writ of summons is filed with the court registry at least fifteen days before the hearing where the date was communicated more than fifteen days in advance, on pain of lapse (article 754). Before the commercial court, the writ of summons is served at least fifteen days before the hearing (article 856) and filed with the registry at the latest eight days before, on pain of lapse (article 857). For a fixed-date writ of summons and the accelerated procedure on the merits, filing must take place before the hearing (article 843 and article 481-1). In an emergency, the judge may shorten the time limits for appearance and filing (article 755).

In urgent applications, the judge merely ensures that enough time has passed for the defendant to prepare a defence (article 486). For commercial urgent applications, the Aix-en-Provence Court of Appeal held that the lapse under article 857 does not apply: “these provisions, which apply to proceedings on the merits before the commercial court, do not apply to urgent application proceedings, which are governed by articles 484 et seq. of the Code of Civil Procedure” (our translation) (CA Aix-en-Provence, 7 August 2025, No. 25/06486, decision). For urgent applications before the judicial court, the tool displays the article 754 date as a precaution.

Time limits counted forwards do not include the day of the act and are extended to the next working day if they expire on a Saturday, a Sunday or a public holiday (article 641 and article 642). Time limits counted backwards, such as filing with the registry, are calculated without that extension: the tool flags a date that falls on a non-working day so that you act before it.

Penalties: nullity for defects of form, nullity for substantive defects, lapse

A statement prescribed on pain of nullity annuls the document only if prejudice is proved (article 114), the objection is raised before any defence on the merits (article 112) and it is cured by a rectification that leaves no prejudice (article 115). The Court of Cassation reiterates this: “the nullity of a procedural document for a defect of form can be ordered only if the opposing party relying on it proves the prejudice caused by the irregularity, even where it concerns a substantial or public-policy formality” (our translation) (Cass. 2e civ., 22 March 2018, No. 17-10.576, published in the Bulletin, decision; Cass. 2e civ., 6 February 2025, No. 22-19.586, published in the Bulletin, decision).

On the statements concerning representation, the courts of appeal decide case by case. Omitting the time limit for appointing a lawyer led to a writ of summons being annulled, the prejudice having been proved (CA Paris, 9 November 2022, No. 22/02989, decision). Wrongly reproducing the statements specific to proceedings without mandatory representation was not enough, as the defendants had appointed a lawyer and filed submissions: “this defect of form can lead to the nullity of the writ of summons only if it causes prejudice, in accordance with the provisions of article 114 of the Code of Civil Procedure” (our translation) (CA Angers, 22 September 2026, No. 26/00009, decision). In the opposite case, commercial proceedings without mandatory representation, the mention of lawyers was not held to be irregular: “But as representation is not mandatory, the mention of the lawyer is not prescribed on pain of nullity” (our translation) (CA Versailles, 16 December 2025, No. 25/05217, decision).

The appointment of the claimant's lawyer is debated. The Court of Cassation has held that “stating in the writ of summons the lawyer's name, address and capacity as the claimant's lawyer, by the expression ‘having as lawyer’, amounts to an appointment where there is no doubt as to the identity of the lawyer appointed” (our translation) (Cass. 2e civ., 23 October 2008, No. 07-19.700, published in the Bulletin, decision), and that the absence of the name of the individual lawyer of a law firm constitutes an irregularity of form (Cass. 2e civ., 27 September 2012, No. 11-22.854, decision). Where no appointment at all is made, the Paris Court of Appeal found a substantive irregularity, which removes the need to prove prejudice (CA Paris, 14 December 2023, No. 23/06967, decision; article 117 and article 119). The safest course remains to write the appointment in express terms.

What the tool does not cover

The tool deals with the writ of summons before the judicial court (on the merits, urgent application, fixed-date and accelerated procedure on the merits), the protection litigation judge, the commercial court or economic activities court and the enforcement judge excluding real property seizure. It does not cover the First President of the court of appeal, real property seizure, the family court judge (JAF) or applications made by petition. For the eviction of a tenant, the Law of 6 July 1989 imposes its own formalities, which are not reproduced here. Public holidays specific to Alsace-Moselle are not included in the calculation.

Having your writ of summons reviewed or drafted

Kohen Avocats drafts and has served writs of summons before the judicial court, the commercial court and the enforcement judge, and defends parties who have been sued. An error in a statement or in the timetable can cost a nullity or a lapse: have the document reviewed before it is served.

Call the firm: +33 6 46 60 58 22 Send your draft writ of summons

Frequently asked questions on the statements in a writ of summons

What are the mandatory statements in a writ of summons in France?

Every writ of summons states the court, the subject matter of the claim and the identity of the claimant (article 54), the place, day and time of the hearing, the statement of the grounds in fact and in law, the schedule of documents and how to appear, with the warning about the judgment that may be given in default (article 56). To these are added the statements specific to the court and to the representation regime: the appointment of the claimant's lawyer and the time limit for the defendant to appoint one where representation is mandatory (article 752), and the reminder of article 832 and the conditions of assistance where it is not (article 753).

Must article 472 be reproduced in the writ of summons?

Point 4° of article 56 requires the writ to specify that, if the defendant does not appear, they risk a judgment being given on the sole basis of their opponent's evidence, where applicable under the third paragraph of article 472 (article 56). The text does not require article 472 to be reproduced. Repeating the wording of article 56 is sufficient to satisfy the letter of the text; explaining it or reproducing article 472 makes the document clearer for a defendant without a lawyer.

What is the time limit between the writ of summons and the hearing before the commercial court?

The writ of summons must be served at least fifteen days before the hearing date (article 856), and a copy filed with the registry at the latest eight days before, on pain of lapse (article 857). In an emergency, the president may shorten these time limits (article 858). In commercial urgent applications, the Aix-en-Provence Court of Appeal held on 7 August 2025 (No. 25/06486) that the lapse under article 857 does not apply.

When must the writ of summons be filed with the judicial court registry?

At least fifteen days before the hearing, where the hearing date was communicated more than fifteen days in advance; failing that, the writ of summons lapses and the judge notes this of their own motion (article 754). For a fixed-date writ of summons, filing must take place before the hearing (article 843). The judge may shorten the filing time limits in an emergency (article 755).

Does a missing statement make a writ of summons void?

For an irregularity of form, nullity requires a provision that provides for it, or a substantial formality, and proof of prejudice (article 114), as the Court of Cassation reiterated on 6 February 2025 (No. 22-19.586). Substantive irregularities, such as lack of authority, do not require prejudice (article 119). Whether the failure to appoint the claimant's lawyer is an irregularity of form or of substance remains debated.

Is a lawyer mandatory in urgent applications before the judicial court?

Articles 760 and 761 appear among the provisions common to the judicial court and apply to urgent applications. A lawyer is therefore mandatory, unless article 761 provides an exemption: matters falling to the protection litigation judge, matters listed in the Code of Judicial Organisation, and claims of €10,000 or less outside the exclusive jurisdiction of the judicial court (article 761).

Texts checked on Légifrance on 29 October 2026, in the version in force on that date; decisions checked word for word on Judilibre the same day. Drafted by Kohen Avocats, Paris Bar.

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Janou SAMUEL
2 months ago

Thank you to Maître KOHEN for his analyses of recent case law on fraudulent non-disclosure in property sales. It reassures me about an action for annulment that I am considering after buying a house affected by serious defects intentionally concealed by the seller and not reported by the estate agent; also defects (rising damp) characterised by spreading through-cracks and damp stains, not reported by the estate agent… Worse, defects concealed by the latter or at his instigation, under a coat of paint and by polystyrene tiles glued to the ceiling of a bedroom. And the said estate agent drafted the preliminary contract, which of course contains no information about any of these defects. Just to add that, being 77 years old and suffering from cognitive impairment, I am certain that the estate agent thought I would not be able to discover the deception and above all to establish the fraudulent intent, still less to bring legal proceedings given the complexity and length of the procedure... That is why I am opting for the criminal route, insofar as the intentional concealment of the defects by the seller and then by the estate agent amounts to the fraudulent manoeuvres of art. 313-1 of

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Paul MALIK (powlo)
5 months ago

Maître Reda KOHEN assisted me in a dispute concerning a sale agreement with a defaulting party. He provided professional and responsive support, and I highly recommend him.

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Rayan Kallout
6 months ago

I highly recommend Maître Reda Kohen. Thanks to his explanations, I was able to recover my security deposit in a situation that seemed blocked. He was responsive, clear, and very professional. A big thank you for his invaluable help!

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Naji Jouahri
6 months ago

Excellent support from Maître Kohen in a case combining business law and real estate law. Clear legal analysis from the first meeting, right through to the hearing. Professional and accessible lawyer, I highly recommend his firm in Paris 17.

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Halim Tunde
6 months ago

Maître Kohen assisted me in recovering unpaid debts from a defaulting tenant. Procedure mastered from start to finish, from the payment order to eviction. Human, attentive, and always reachable. Thank you for your work.

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Cha
6 months ago

As a young student living in an apartment, my landlord tried to make me leave my accommodation even though he had sent me no termination notice. I therefore contacted Mr. Reda Kohen to help me as I couldn’t handle the situation alone. In just 3 days everything was resolved, Maître Kohen defended me and accompanied me with an irreproachable level of commitment and efficiency. I can only recommend his professionalism!

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Asmaa Maazaz
7 months ago

I turned to Maître Kohen for a complex real estate dispute and I highly recommend his firm. He is very professional; he thoroughly analyzed my case from the very first appointment and clearly explained the possible options. Thanks to his expertise, we achieved a very favorable outcome. Responsive, a good teacher, and committed, he is a lawyer you can truly trust. Yours faithfully, Miss Maazaz

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Contact Mobile
6 days ago

Very satisfied! I would like to thank Maître Esther Cornu here, who managed to resolve a very complicated dispute in a divorce and family law matter...Thanks to Maître Cornu, a judgment was handed down in my favour even though it was far from a foregone conclusion...So I recommend this law firm

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Claude Frasson
1 week ago

A precise and concrete analysis and an immediate response. Excellent.

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Basel Alali
1 week ago

I highly recommend this lawyer for his professionalism, honesty, and transparency. He helped me successfully and guided me through the process with great care and expertise. What I particularly appreciated was his honest approach and the fact that he recommended practical, cost-effective options instead of immediately pushing for the most expensive solution. He genuinely focused on finding the right approach for my situation. I’m very grateful for his support and would definitely recommend him to anyone looking for a trustworthy and professional lawyer in France.

beatrice lefevre
1 week ago

Thank you for this detailed, precise help, with a proposal at the end on whether or not to continue (very quick response as well)

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Jean-pierre Steinmetz
2 weeks ago

Very good advice given by Maître Cornu during our meeting on 16 October.

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John Roberts
2 weeks ago

Very professional and responsive service. The lawyer quickly and carefully checked the validity of my wife’s residence permit in light of a specific legal regime. His work gave us clarity, whereas the usual administrative procedures were long and ambiguous. I appreciated his efficiency and professionalism, and I recommend his services.

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Jean-François PAPA
3 weeks ago

I would like to warmly thank Maître Esther Cornu for her professionalism, her availability and the quality of her support. In a case of particular importance for my professional future, she showed great responsiveness, rigour and a gift for explaining things, taking the time to answer my questions precisely and to explain the various legal steps to me. I particularly appreciate the clarity of her analyses, her seriousness and her commitment in following up my case. Many thanks to Maître Esther Cornu for listening and for her support. I highly recommend!

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Hamid Agouz
3 weeks ago

I was pleasantly surprised by the responsiveness of Mr Reda Cohen, who took the time to answer my questions about my case instantly. It has become so rare these days to find a lawyer who is so available, responsive and attentive, even when it is simply a matter of answering questions. His answers are clear, precise and reassuring. You can tell that he takes the time to understand the situation and to provide relevant answers. Beyond his excellent ratings on Google, it is above all this availability and this seriousness that make the difference. Many thanks to Mr Reda Cohen for his professionalism and his responsiveness. I highly recommend!

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Sandra Imbert
3 weeks ago

A huge thank you to Maître Esther Cornu from Kohen Avocats for her support during a particularly difficult time. Her attentiveness, empathy, and humanity touched me deeply. She was able to answer my questions with clarity and sensitivity, while demonstrating great professionalism and fully respecting the confidentiality of the case. Beyond her professional qualities, I met a deeply humane lawyer whose support made a real difference. I sincerely recommend her.

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Мария Двирник
1 week ago
Moula Brahimi
1 week ago

Good experience. And good work, thank you for everything.

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Faiza Traduction
1 week ago
Alain Arsaut
2 weeks ago

Saw Hassan on the TV news

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Beaudrique Abao
2 weeks ago
Krep Events Traiteur Breton
3 weeks ago

very clear article

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TOULEIMAT HACHEM
3 weeks ago