Act No. 1.511 from the december 2, 2021, amending the civil procedure.

1. SUBPOENA

In article 156 of the CPC (the content of the summons on pain of nullity), numbers 4° to 6° are drafted as follows:

“4° the indication of the documents on which the claim is based. A list of these documents and their numbers shall accompany the writ of summons ;

5° an indication that the parties shall repeat, in summary submissions, the claims and pleas presented or invoked in their successive submissions

(6) an indication of the procedure for appearing before the court of first instance and an indication that, if the defendant fails to appear, a judgment may be rendered against him on the basis of the elements submitted to the proceedings by the plaintiff alone. (applicable to proceedings in progress on or after February 18, 2022)

2. SUBMISSIONS

“Article 181-1: The parties shall repeat in their final submissions the claims and arguments presented or invoked in the previous submissions. Only the last submissions filed shall be judged by the court seized. For each new set of pleadings, the pleas that have not been previously formulated must be materially presented by a vertical line in the margin. (applicable to proceedings in progress from 18 February 2022)

Article 178 of the CPC is amended as follows:

“When a timetable cannot be fixed beforehand, the president or the judge delegated by him shall ensure that the case is prepared within a reasonable time. To this end, he or she shall ensure the proper exchange of pleadings, written submissions and exhibits, and shall set deadlines for doing so, if necessary.

The president or the magistrate delegated by him may also, even ex officio, issue injunctions to the parties to conclude.

When the president or the judge delegated by him considers that the case is ready to be judged, he shall fix, by an order of closure of the pre-trial phase, the date on which the case will be pleaded and the date on which the submissions, writings and exhibits may no longer be filed by the parties. He shall have the same power when one or more time limits already granted or agreed upon have not been respected.

Any submissions, writings or exhibits filed after the date set by the closing order shall be declared inadmissible ex officio.

No appeal shall lie from the order of closure of the pre-trial proceedings. (applicable to proceedings in progress as from 18 February 2022)

3. CLOSURE ORDER

Article 179 of the CPC is amended as follows:

“As an exception to the last paragraph of article 178, the order for closure of the pre-trial proceedings may be revoked in case of:

1° a serious cause duly justified by the party invoking it or a duly justified exceptional circumstance. The constitution of a lawyer after the closure is not, in itself, a cause for revocation;

2° applications for voluntary intervention that do not allow the immediate judgment of the case

3° conclusions relating to the amount of rent, arrears, interest and other accessories due and to disbursements made up to the opening of the debates, if their calculation cannot be seriously contested;

4° of conclusions which tend to the resumption of the proceedings in the state in which they were at the time of their interruption;

(5) if all the parties agree, unless the judge considers that the proper administration of justice requires it to be maintained.

In such cases, the president or the judge delegated by him or by the court, after the opening of the hearing, may revoke the order ex officio, or at the request of a party or the Public Prosecutor’s Office, whether as principal or as added party. (applicable to proceedings in progress from 18 February 2022)

4. DISMISSAL

An article 183-1 is added to Title III, Book II of the CPC, to read as follows

“Article 183-1: Striking off the list and withdrawal from the list are measures of judicial administration.

Striking off the list sanctions the parties to the proceedings when they have not carried out the acts of the procedure that were due to them. The judge may, ex officio and after having sent a final notice to the parties themselves or to their lawyer, if they have one, which has remained without effect, strike the case off the roll of his jurisdiction. The decision will be notified to the same persons by simple letter and it will specify the sanctioned lack of diligence.

Removal from the roll is a conventional measure, which is legal as soon as all the parties make a written and reasoned request. Withdrawal from the roll will also take place, at the sole request of the plaintiff, if the defendant has not yet been constituted. The judge will note the will expressed, as the case may be, by the parties, or by the plaintiff, in a decision to give notice.

In both cases:

1°) the case will be removed from the court’s roll, and a mention of this will be made on the roll;

(2) the judge may rule on the costs and, in the event of removal, he shall order the party who has failed to take the necessary steps to pay the costs;

3°) the decision rendered shall not be subject to appeal;

(4) the decision shall suspend the proceedings, but the time limit shall continue to run. In the case of striking off the list, the time limit for expiration shall run from the day of notification of the decision by the clerk’s office and, in the case of removal from the list, from the day of the decision to give notice.

If the lapse of proceedings has not occurred in the meantime, the case shall be reinstated:

1) in the event of striking off the roll, at the request of one of the parties, provided that he/she can prove that he/she has taken the necessary steps to do so;

2) in case of withdrawal from the roll, at the sole request of one of the parties.

In all cases, the request for reinstatement shall be made in writing and shall be addressed to the president or to the judge delegated by him for this purpose.

At the request of the parties, the court clerk’s office may issue a certificate of striking off or withdrawal from the roll. (applicable to proceedings in progress as from 18 February 2022)

An article 169-1 is inserted in Title III, Book II, Part I of the CPC, before article 170, as follows

“Article 169-1: The constitution of an avocat-défenseur registered on the roll shall be compulsory unless otherwise provided for. (applicable to new proceedings as from 18 February 2022)

Section 135 of the CPC is amended as follows:

“For all matters not provided for in this book, proceedings before the justice of the peace shall be governed by the provisions of the following book, excluding article 169-1, unless otherwise provided.”

In articles 6, 7, 9, 10, 16, 17, 33, 34, 58 and 72 of the CPC, the amount of “1,800 euros” is replaced by “3,000 euros”.

In articles 6, 7, 8, 9 and 11 of the CPC, the amount of “4,600 euros” is replaced by “10,000 euros”. (applicable to new proceedings as from 18 February 2022)

In article 10 of the CPC, the amount of “700 euros” is replaced by “1,500 euros”.

Article 1 of Act No. 821 of June 23, 1967 on the order for payment and the recovery of certain debts, as amended, is amended as follows:

“Any claim for payment of a sum of money, the cause of which is contractual, and which falls within the jurisdiction of the Justice of the Peace, may be submitted to the order for payment procedure as regulated below.

The Justice of the Peace shall have jurisdiction regardless of the amount of such claim.

However, no order for payment shall be granted if the debtor has no known domicile or residence in Monaco. (applicable to new procedures from 18 February 2022)

After article 192 of the CPC, articles 193 to 195 are inserted, worded as follows:

“Article 193: Requests for provisional measures during the proceedings may, in the event of the occurrence of a new fact, be brought before the court which ordered them. This court may, until it relinquishes jurisdiction, cancel, modify or supplement the provisional measures it has prescribed. In the event of an appeal, this power shall revert to the court. (applicable to proceedings in progress as from 18 February 2022)

Article 194: The order on provisional measures shall be enforceable by operation of law until the decision in the main proceedings becomes enforceable. In that case, the provisional measures shall cease to have effect. (applicable to proceedings in progress as of February 18, 2022)

Article 195: The order relating to provisional measures may be appealed before the court hearing the case on the merits, as a panel, within fifteen days of its pronouncement or service, depending on whether or not the appealing party has appeared at the hearing. (applicable to proceedings in progress as of February 18, 2022)

In the event of an appeal, modifications of the provisional measures, if there is a new fact, may only be requested from the first president of the court of appeal or the magistrate delegated by him.

The appeal of the order relating to the provisional measures shall be formalized by a declaration at the clerk’s office and the court shall rule as soon as possible in view of the urgency of the situation”.

Article 405 of the CPC is amended as follows:

“All proceedings shall be extinguished by discontinuation of proceedings for two years.

However, this period shall be increased by one hundred and eighty days if a party to the proceedings has filed a claim and dies before it has expired. (applicable to proceedings in progress on or after February 18, 2022)

5. EXPIRATION OF PROCEEDINGS

Two new paragraphs are inserted in article 407 of the CPC, worded as follows

“In order to avoid the lapse of time, each party to the proceedings may file at the clerk’s office an act of continuation of proceedings, without any required form, by which its author declares his intention to continue the proceedings, of which he will be given a receipt. Upon the first filing of such a document, the time limit will be automatically interrupted as of the date of filing; as of the second such document, authorization from the judge hearing the case will be required. The judge’s decision shall be final.

When a writ of execution is filed at the clerk’s office, the depositor shall be responsible for notifying a copy of the receipt for filing the writ of execution to the other parties, under penalty of non-opposability. (applicable to proceedings in progress as from 18 February 2022)

6. TIME LIMIT FOR APPEAL

Article 424 of the CPC is amended as follows:

“The time limit for appeal is thirty days from the date of service of the judgment, unless otherwise provided by law. It shall be lodged by declaration at the clerk’s office by the appellant’s defence counsel.

The appellant also has thirty days from the expiry of the time limit provided for in the previous paragraph to give reasons, by writ of summons, for the appeal against the decision he is contesting.

The time limit for appeal suspends the execution of the judgment unless provisional execution has been pronounced or is attached by operation of law to the decision rendered. (applicable to new proceedings as from 18 February 2022)

The first paragraph of article 427 of the CPC is amended as follows:

“The appeal is filed by the declaration provided for in article 424 and completed by writ of summons which, under penalty of nullity, contains:

* 1° the statements provided for by article 156 ;

* (2) a statement of the grievances and the reasons for them

* (3) the appointment of a defence counsel registered on the roll, if the appeal is brought before the Court of Appeal

* 4° a copy of the statement of appeal, unless the appeal is lodged directly by way of a writ of summons, before the expiry of the thirty-day period following the service of the contested decision. (applicable to new proceedings as of February 18, 2022)

7. PROVIDED APPEAL

A new paragraph is inserted in article 428 of the CPC, worded as follows:

“The provoked appeal shall be lodged by summons. (applicable to new proceedings as from 18 February 2022)

8. OPPOSITION AND APPEAL OF INTERIM ORDERS

Article 420 of the CPC is amended as follows:

“Summary orders rendered in the last resort by default are subject to opposition. The president may order the reassignment of the defaulting defendant on the day and at the time he shall indicate.

Unless they are issued by the first president of the court of appeal or unless they were rendered at last instance, they may be appealed before the court.

The time limit for appeal and opposition against summary orders is fifteen days from the service of the decision. The appeal and the opposition are filed by declaration at the clerk’s office.

The declarant also has fifteen days from the expiry of the period provided for in the previous paragraph to give reasons, by writ, for his appeal against the decision he is contesting. (applicable to new procedures as from 18 February 2022)

9. EXPENSES

Article 237 of the CPC is amended as follows:

“The statement of costs shall be deposited at the clerk’s office within eight days of the pronouncement of the judgment, by the defence counsel of the party who has obtained the conviction, together with the supporting documents. In the absence of an attorney for the defence, the said statement of costs shall be drawn up by the court clerk. (applicable to proceedings in progress on or after February 18, 2022)

An article 238-1 is added to Section I of Title VIII of Book II of the CPC, to read as follows

“Article 238-1: The judge shall order the party liable for costs or who loses the case to pay :

1° to the other party the sum that he will determine, for the costs incurred and not included in the costs ;

2° and, if applicable, to the lawyer of the beneficiary of legal aid, an amount for fees and costs, not included in the costs, that the beneficiary of legal aid would have incurred if he had not had this assistance.

In all cases, the judge will take into account the equity or the economic situation of the condemned party. He may, even ex officio, for reasons derived from the same considerations, say that there is no need for such awards. Nevertheless, if it awards a sum under 2° of this article, it may not be less than the State’s contributory share.

The lawyer of the beneficiary of legal aid may not accumulate the sum provided for under 2° of the present article with the contributory share of the State. (applicable to proceedings pending on or after February 18, 2022)

10. GUARANTEE CALL

Articles 88 and 89 of the CPC are amended as follows

“Article 88: Any party to the proceedings who considers it necessary may call a third party as a guarantee. (applicable to proceedings in progress on or after February 18, 2022)

Articles 267, 268 and 269 of the CPC are amended as follows:

“Article 267: Any party to the proceedings who deems it necessary may call a third party as guarantor. (applicable to proceedings in progress on or after 18 February 2022)

Article 268: The applicant for a guarantee must summon the third party to appear before the court already seized, in accordance with the rules laid down in Articles 156, 157, 158 and 160.

Proceedings arising from the call for a guarantee are automatically joined to the main proceedings. It shall be called at the earliest possible pre-trial hearing of the main case.

However, the court may, even of its own motion, reject the request for a call on a guarantee if it is presented late and is likely to cause an unreasonable delay in the judgment. The decision of the court is a measure of judicial administration that may be taken by simple mention in the file.

Article 269: A request for a guarantee may be made between co-defendants by way of pleadings. (applicable to proceedings in progress from 18 February 2022)

An article 432-1 is inserted after article 432 of the CPC, worded as follows:

“Article 432-1: Any party to the proceedings who considers it necessary may be authorized by the court to call a third party as guarantor who was not called in the first instance, provided that this intervention is made necessary by a new element, arising from the judgment or subsequent to it, and that this call as guarantor was not presented late or is not such as to cause an unreasonable delay in the judgment. The authorization of the court is a measure of judicial administration which may be taken by simple mention in the file.

The plaintiff in warranty must summon the third party before the court already seized, observing the rules laid down in article 427.

Proceedings arising from the call for a guarantee are automatically joined to the main proceedings. It shall be called at the earliest hearing for the preparation of the main case”. (applicable to proceedings in progress from 18 February 2022)

11. INCIDENTAL CLAIMS

Article 379 of the CPC is amended as follows:

“Incidental claims shall be made by means of submissions made at the hearing in writing or even orally. A defendant may make such a claim against another defendant by way of a pleading.

This incidental claim is only admitted if it is sufficiently connected to the main claim.

The court may grant the defendant time to respond and order the communications provided for in article 177. (applicable to proceedings in progress on or after 18 February 2022)

12. CONTROL OF JUDICIAL EXPERTISE

Article 352 of the CPC is amended as follows:

“The parties are required to hand over to the expert without delay all the documents necessary for the accomplishment of his mission.

In the event of failure to do so, the expert shall overrule them and inform the judge in charge of the control of the expertise. The latter may, if necessary, after having summoned the parties and the expert to a hearing, enjoin the defaulting party, under penalty, to hand over the documents necessary for the expert to carry out his mission. (applicable to proceedings in progress from 18 February 2022)

Article 365 of the CPC is amended as follows:

“The judge in charge of the control of the expertises shall verify that the expert has fulfilled all the heads of his mission. Upon proof that the mission has been accomplished, the judge in charge of the control of the expert reports shall fix the total remuneration of the expert by arbitrating the total sum of the expert’s fees by means of a tax order, which shall have been sent to the parties in advance for the purpose of collecting any observations they may have made within a period of fifteen days, and shall authorize the expert to obtain from the designated party or parties the sums still due.

The judge in charge of the control of the expertises orders, if necessary, the restitution by the expert to one or other of the parties of the sums paid in excess.

He may issue a writ of execution either to the expert or to the party. (applicable to proceedings in progress on or after 18 February 2022)

13. REQUEST FOR INSTRUCTION

A second paragraph is inserted in article 300 of the CPC, worded as follows:

“Unless otherwise provided by law, the provisions of this title and of Titles XII to XVI of Book II of Part I shall apply before all the courts of the Principality. (applicable to proceedings in progress from 18 February 2022)

An article 300-1 is inserted after article 300 of the CPC, worded as follows:

“Article 300-1: If there is a legitimate reason to preserve or establish before any trial the proof of facts on which the solution of a dispute may depend, legally admissible investigative measures may be ordered at the request of any interested party, on petition, when the circumstances require that the measure not be taken adversely, or in summary proceedings.

Urgency, as well as the conditions of power specific to petitions or summary proceedings, are not required to obtain an investigative measure on the basis of this article. (applicable to proceedings in progress on or after February 18, 2022)

14. INTERIM PROCEEDINGS

Article 414 of the CPC is amended as follows:

“In case of urgency, and in all matters for which there is no specific summary procedure, the president of the court of first instance may order, in summary proceedings, all measures which do not prejudice the main issue.

The president may order in summary proceedings all measures which are either not seriously disputed or are justified by the existence of a dispute.

This judge may always, even in the presence of a serious dispute, prescribe in summary proceedings the conservatory or restoration measures that are necessary, either to prevent imminent damage or to put an end to a manifestly unlawful disturbance. (applicable to proceedings in progress from 18 February 2022)

An article 414-1 is inserted after article 414 of the CPC, worded as follows:

“Article 414-1: The president, in summary proceedings, may award all or part of the sum claimed as an advance, or order the performance of an obligation, whenever the obligation invoked by the plaintiff is not seriously disputable.” (applicable to proceedings in progress from 18 February 2022)

Article 419 of the CPC is amended as follows:

“The decisions of summary proceedings do not have the authority of res judicata as to the principal.

They may only be modified or revoked in summary proceedings in the event of new circumstances. In the absence of new circumstances or of a decision in the main proceedings, the decision rendered in summary proceedings shall be binding on the judge who rendered it, on any other summary proceedings judge and on the parties.

Orders for interim relief are enforceable provisionally; provisional enforcement may, however, be made subject to the provision of security, real or personal, to meet any restitution or reparation.

Interim orders are enforceable on the original. (applicable to proceedings in progress from 18 February 2022)

The fifth and sixth paragraphs of article 417 of the CPC are amended as follows:

“If there is extreme urgency, the president may allow the summons to be issued from day to day and from hour to hour, even on Saturdays, Sundays and holidays.”

The summary judgment judge shall ensure that the time that has elapsed between the delivery of the writ of summons and the hearing that it has given rise to, is such as to have allowed the person summoned to prepare his defense. Failing this, the president may order the defendant to be reassigned to the day and time he or she indicates.” (applicable to proceedings in progress on or after February 18, 2022)

15. ORDER ON MOTION

Article 851 of the CPC is amended as follows:

“An order on motion is a provisional decision rendered without adversarial proceedings in cases where the applicant is entitled not to call an opposing party.

The order on motion does not have the authority of res judicata in the main proceedings.

In the event of new circumstances, the judge may modify or retract his order, even if the judge on the merits is seized of the case. (applicable to proceedings in progress as from 18 February 2022)

After Article 851 of the CPC, Articles 851-1 and 851-2 are inserted, to read as follows:

“Article 851-1: The petition shall be presented to the president of the court of first instance or to the magistrate delegated by him. The request must be reasoned and include a precise indication of the documents invoked.

Each time it is presented in the course of proceedings, it must indicate the court seized. (applicable to proceedings in progress from 18 February 2022)

Article 851-2: The order shall be placed directly after the petition, if applicable. It shall state the reasons on which it is based.

The order on request is enforceable on the minute, after its registration or even before the accomplishment of this formality if the judge has ordered it exceptionally because of the urgency.

The original of the order is kept at the general registry and a copy is given to the petitioner. (applicable to proceedings in progress as from 18 February 2022)

Section 852 of the CPC is amended to read as follows:

“If the petition is not granted, an appeal may be filed. The appeal shall be filed, heard and judged in the manner provided for in article 850.

If the petition is granted, any interested party may file a summary application to revoke the order on petition by applying to the judge who issued the order. The powers of the judge seized shall be those of the author of the order on application. This paragraph shall apply to the court of appeal whose chamber of council, on the appeal filed in accordance with the first paragraph, has granted the motion.

Any other means that may be used to challenge the decision on the motion shall be inadmissible. (applicable to proceedings in progress on or after February 18, 2022)

16. REQUEST FOR PRODUCTION AND TAKING OF EVIDENCE

Article 277 of the CPC is amended to read as follows:

“Subject to the provisions of Title VIII, Book I of Part II, requests for the production of evidence held by the parties and requests for the taking of such evidence held by a third party shall be made, and their production shall take place, under the following conditions.

Where the request for one or more acts or documents is directed to a party, it shall be production; where the request is directed to a third party, it shall be production. (applicable to proceedings in progress from 18 February 2022)

After article 277 of the CPC, articles 277-1 and 277-2 are inserted, worded as follows:

“Article 277-1: If, in the course of a proceeding, a party intends to refer to an authentic or private document to which he was not a party or to a document held by a party or by a third party, he may request the judge hearing the case to order the issue of a copy or, as the case may be, the production or obtaining of the document or document, in original, copy or extract.

The judge shall determine the conditions of production or obtaining.

Obtaining the document from a third party shall be subsidiary to its production by a party to the proceedings. (applicable to proceedings in progress from 18 February 2022)

Article 277-2: The request shall be made without form, and shall be judged summarily.

The judge may order production or obtaining under penalty.

The judge’s decision shall be provisionally enforceable. If necessary, the judge may order the execution on the minute”. (applicable to proceedings in progress from 18 February 2022)

Article 278 of the CPC is amended as follows:

“In the event of difficulty or if a legitimate impediment is invoked, the judge who ordered the production or obtaining, seized by simple request, may retract or modify his decision.

The third party may appeal the new decision within fifteen days of its pronouncement. (applicable to proceedings in progress as of February 18, 2022).

17. DELIVERY OF THE ORIGINAL DECISION

The second paragraph of article 809 of the CPC is amended as follows:

“If delivery is ordered, the judge shall determine the conditions of delivery. The petitioner shall summon both the holder of the document to whom the summons is addressed and the interested parties to effect delivery in accordance with the order, with a reminder of the day and time indicated, so that they may be present. (applicable to proceedings in progress from 18 February 2022)

A third paragraph is inserted after the second paragraph of article 809 of the CPC, as follows:

“Any party to a proceeding may, at his own expense, obtain another copy of the general registry. (applicable to proceedings in progress from 18 February 2022)

16. PROVISIONAL EXECUTION

Article 202 of the CPC is amended as follows:

“Except in cases in which the decision benefits from provisional execution by operation of law, provisional execution may be ordered, at the request of the parties or ex officio, by the decision which it is intended to render enforceable, subject to the provisions of article 203.

In particular, summary orders, decisions prescribing provisional measures for the course of the proceedings, and decisions ordering conservatory measures shall be enforceable as of right on a provisional basis.

Provisional execution may be ordered for all or part of the sentence, whenever the judge deems it necessary and compatible with the nature of the case, provided that it is not prohibited by law. It may also be granted for the payment of the civil fine, the indemnity under Article 238 and the costs and expenses not included in the costs.” (applicable to proceedings in progress on or after February 18, 2022)

There is inserted, after Article 202 of the CPC, an Article 202-1 worded as follows:

“Article 202-1: The judge who orders provisional execution may make it subject to the provision of a guarantee by the creditor of the obligation. This guarantee may be real or personal, but in any case it must be sufficient to cover any restitution or reparation. The judge may, at any time, authorize the substitution of an equivalent guarantee for the initial guarantee.

The condemned party may request the judge to authorize the deposit of cash or securities sufficient to guarantee the amount of the sentence in principal, interest and costs, rather than being subjected to provisional execution. The deposit is however excluded in matters of maintenance, compensation and provisions.

When the sentence involves the payment of a capital sum in compensation for personal injury, the judge may also order that this capital sum be entrusted to a receiver who will be responsible for periodically paying the victim the share that the judge determines. (applicable to proceedings in progress as from 18 February 2022)

Article 203 of the CPC is amended as follows:

“In the event of an appeal, the first president or the judge delegated by him or her, ruling in summary proceedings and in a decision that is not subject to appeal, shall hear all matters relating to provisional execution and shall monitor compliance with the rules laid down by the previous judge.

The first president or the judge delegated by him may, in the event of an appeal as well as in the event of opposition, stop the provisional execution that has been ordered in the following cases

1° if it is prohibited by law ;

2° if it is likely to lead to manifestly excessive consequences.

Where provisional execution is ordered as of right, the first president or the judge delegated by him or her may halt its execution in the event of a clear violation of the adversarial principle or a fundamental principle of procedure and where the execution is likely to have manifestly excessive consequences.

If provisional execution has not been pronounced by the court in the cases where it is authorized, the respondent may apply to the first president of the court of appeal for provisional execution before the appeal is decided, even if the respondent did not conclude the case at first instance.

The first president or his delegated judge shall have the powers set forth in sections 202 and 202-1.” (applicable to proceedings in progress on or after February 18, 2022)

19. ARBITRATION

An article 162-1 is added to Section III of Title I of Book II of the Code of Civil Procedure, to read as follows

“Article 162-1: The measures of judicial administration shall not be subject to appeal.

After the second paragraph of article 1883 of the Civil Code, the third and fourth paragraphs are inserted, worded as follows:

“The President of the Court of First Instance may be seized, upon request, to homologate the agreement in order to make it enforceable. The president shall rule on the petition presented to him without debate, unless he deems it necessary to hear the parties. The president may not modify the terms of the agreement.

If the president grants the petition, any interested party may refer the matter to the judge who rendered the decision. If the president refuses to homologate the agreement, the appeal is open; this appeal is made in accordance with the provisions of article 424 of the CPC”. (applicable to proceedings in progress from 18 February 2022)

The first paragraph of article 957 of the CPC is amended as follows:

“Arbitral judgments, even preparatory ones, may be enforced only after the order that has been granted for this purpose by the president of the court of first instance, at the bottom or in the margin of the minute, without the need to communicate it to the public prosecutor’s office, and the said order shall be dispatched following the dispatch of the decision. The applicant shall file a certified copy of the arbitral award, which alone shall be retained by the clerk’s office. (applicable to proceedings in progress on or after February 18, 2022)

20. SENDING OF DOCUMENTS BY ELECTRONIC MEANS

An article 979 is added to the general provisions of the CPC, worded as follows

“Article 979: Whenever a procedural document is to be filed with the clerk’s office or sent from the clerk’s office, electronic means may be used in accordance with the procedures defined by the legislative and regulatory provisions. (applicable to proceedings in progress from 18 February 2022)

21. CERTIFICATE OF NO APPEAL

After Article 471 of the CPC, an Article 471-1 is inserted, worded as follows:

“Article 471-1: The clerk’s office may issue a certificate of non-appeal to any party to the proceedings.

may also issue a certificate of non-appeal on the main issue when the appeal is exercised only on an incidental point of the decision.” (applicable to proceedings in progress on or after February 18, 2022)

https://journaldemonaco.gouv.mc/Journaux/2021/Journal-8569/Loi-n-1.511-du-2-decembre-2021-portant-modification-de-la-procedure-civile