Article 184: Fixing the date for taking evidence

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 4637/2567 (2024)

   Under the second paragraph of Section 184, where there is no settlement of issues the court must issue a notice fixing the evidence date and serve it on the parties at least ten days in advance. Taking evidence without notifying defendants who did not attend when the date was set is unlawful.

   The trial court set evidence dates and proceeded without notifying the other defendants who had defaulted and were absent. The Court held this breached Section 184 paragraph two, which requires serving notice of the evidence date at least ten days ahead.

2. Arrêt de la Cour suprême n° 7527/2541 (1998)

   Taking the plaintiff's evidence without giving the defendant at least ten days' advance notice of the evidence date is an unlawful proceeding under the second paragraph of Section 184, and is to be revoked under Section 27, read with Section 247.

   Notice of the evidence date was posted only about ten days after service fell short of the ten-day minimum, and the court took the plaintiff's evidence anyway. The Court revoked the proceedings from the setting of the evidence date onward.

3. Arrêt de la Cour suprême n° 2529/2533 (1990)

   Where the court does not issue a notice fixing the evidence date and serving it on the defendant, then declares the defendant in default of appearance and proceeds ex parte, the proceeding is unlawful under Section 184, read with Section 202.

   The trial court set an evidence date after receiving the defendant's answer but never issued a notice to the defendant, then treated the defendant as in default. The Court held this proceeding unlawful under Sections 184 and 202.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.