This summer, Decree No. 2025-660 of July 18, 2025 formalized the so-called “conventional” procedure in civil trials, which will now be the default, while the traditional judicial instruction (as conducted in a classical pre-trial before the Tribunal Judiciaire) becomes the exception.
There is no doubt that this text will prompt interesting doctrinal reflections on the relationship between contract and procedure, as it further strengthens the role of party agreements in managing civil disputes under the reassuring framework of provisions now directly incorporated into the French Code of Civil Procedure (CPC).
It also establishes a new guiding principle of cooperation between the judge and the parties, aimed at encouraging (literally “inciting”) the use of amicable dispute resolution methods.
Cases handled under the conventional procedure will receive priority scheduling, a particularly attractive measure for claimants (future Article 127 CPC). The conventional instruction allows the parties to:
- jointly determine the legal points to be addressed,
- provide for the recording of party hearings and statements from any person willing to testify.
The decree also sets out clear rules for appointing a “Technician” under this conventional procedure (Article 128 CPC). The parties choose the expert, define their mission, and agree on the terms of remuneration.
Judicial oversight remains available: in case of difficulty, any party, or the expert, may refer cases to the judge (Article 131-3 CPC).
Furthermore, the parties must provide the expert with the documents they request. If they fail to do so, the expert or any interested party may apply to the judge to order disclosure under penalty (Article 131-5 CPC).
Finally, future Article 131-8 of the CPC distinguishes whether the agreement appointing the expert was concluded between lawyers or not.
A Report produced by a technician appointed following an agreement between lawyers carries the same weight as a report produced by a court-appointed expert.
Written by Isabelle Veillard