The CNB requests the removal of the limitation to 4,080 characters from the declaration of appeal via the RPVJ - THECHOWANIECS.COM

The CNB requests the removal of the limitation to 4,080 characters from the declaration of appeal via the RPVJ

This decision censures the practice of lawyers consisting, because of the limit of 4,080 characters on the Private Virtual Justice Network (RPVJ), of appending to the statement of appeal a document listing the heads of judgment challenged. Indeed, the Court considers that the practice of appending a document is valid only if the list of heads of judgment challenged exceeds the number of characters allowed. It is in fact only in the event of a technical impediment, [que] the appellant can supplement the statement of appeal with a document forming part of it and to which it must refer “.

The Conseil national des barreaux warns of the following point: when the motivation of the statement of appeal exceeds 4,080 characters, it must be specified, in the insert of 4,080 characters, that an appendix specifying the heads of judgment criticized is attached to the declaration of appeal due to the overrun of 4,080 characters. Below 4,080 characters, the Court is not seized of the heads of judgment mentioned therein.

The CNB also draws the attention of lawyers to the fact that the Court of Cassation does not postpone the effects in time of its judgment, which is therefore retroactive.

Lawyers who have made statements of appeal of less than 4,080 characters accompanied by annexes are invited to regularize these statements of appeal within 3 months of the initial appeal by a new statement of appeal, via the RPVJ, mentioning that it is an act of regularization. This action must be carried out by indicating the RG and respecting the deadlines of the first declaration of appeal for all that is “Magendie” deadlines.

The CNB took up the subject in the General Assembly

This judgment of the Court of Cassation provoked strong reactions during the General Meeting of January 14, 2022.

It was decided to seize the Minister of justice in order to remove this technical constraint, failing to modify article 901 CPC in order to authorize the annexation of a document listing the contested heads of judgment and finally to initiate a more global reflection on the necessary reforms of the appeals procedure. The institution also undertakes to offer a vade mecum to lawyers.

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