Post-Closure Written Submissions: Court of Cassation Confirms Admissibility

Application pratique:

Under this Court of Cassation ruling, written submissions filed after the closure order are admissible if they ask the judge to revoke that order. The landlord must expressly request revocation and show why the late filing is justified. The judge is legally obliged to examine the request and rule on it. Do not assume the court will reject late submissions – file a revocation motion immediately with supporting documents.

Application pratique:

The new fact discovered after the closure order can be brought before the court if the buyer's written submissions request revocation of that order. The judge must respond to the revocation request, even if the case file was already closed. The buyer should act quickly, explain the nature of the hidden easement, and provide proof of when it was discovered. If the judge refuses revocation, the decision can be challenged on appeal, as this ruling sets a binding precedent.

Application pratique:

The co-owner can validly file his new submissions despite the closure order, provided he explicitly asks the judge to revoke that order. The court has an obligation to examine the request and answer it, not simply ignore the late filing. He should attach the newly obtained minutes and explain why they were unavailable earlier. This decision protects co-owners who act in good faith but encounter procedural deadlines; use it to ensure your evidence is heard.