Chapter Eighth: Trial Procedures Before the Court of First Instance

Article 442

Disputes are brought before the Court of First Instance: 1. Either by a summons issued by the plaintiff to the defendant, stating the matters for which judgment is requested. 2. Or by a joint petition, wherein two disputing parties present a pending dispute between them and request a ruling thereon.

Article 443

In the case of submission of a joint petition, this petition must contain the following: 1- The name of the court to which it is submitted. 2- The name of each of the parties and his surname, profession or position and residence, and if he is a legal entity, the statement of its form, name or address.

Article 444

Upon the filing of the joint petition with the court clerk and its registration after the payment of the fee, it shall be immediately presented to the President, who shall forthwith set a date for the trial, which shall be notified to each of the parties without delay by the clerk.

Article 445

In case of a claim by one opponent against another, the suit is instituted by a summons containing the following information: 1- The name of the court to which the suit is filed. 2- The name of the plaintiff and defendant, surname, profession or position and residence, and when appropriate.

Article 446

The plaintiff submits the summons to the court clerk, attached with the supporting documents, and deposits a number of copies thereof equal to the number of defendants, and attaches to each copy photocopies of the documents, certifying by his signature that they are true copies of the originals.

Article 447

The summons shall be recorded, after the payment of the fee, on the same day in a special register with a serial number in accordance with the order of its submission, and the court's seal shall be affixed thereto and to the documents attached thereto, and the registration number and date shall be mentioned thereon, and this shall be indicated on the copies of the summons.

Article 448

The summons together with the attached documents is delivered to the clerk in a special file which shows on its cover the name of the court, the names of the parties, the summons registration number and the date of the year, and the numbering of all documents preserved in the file with consecutive numbers, and a statement of individual cases shall be attached.

Article 449

1. The defendant shall, within fifteen days from being notified of the summons, submit a memorandum stating his position on the lawsuit and attach thereto all supporting documents. The memorandum shall include the name and identity of both the defendant and the plaintiff, as stipulated in Article 445. The memorandum shall clearly and in detail state the claims in the claims section, which concludes the memorandum. 2. The defendant, if not residing in the court's jurisdiction, shall also appoint a domicile of choice within this jurisdiction, unless he is represented by an attorney, in which case the attorney's office shall be considered the defendant's domicile of choice, and notifications may be served thereto, wherever the office is located.

Article 450

If one of the parties has not designated his chosen residence according to the previous provisions or his statement of this residence is incomplete or incorrect so that service is difficult, it is permissible to serve all documents to him at the court clerk's office in accordance with Article 402. The head of the clerk's office shall record this in the proceedings file and shall note in the service record that the document was served at the court.

Article 451

The head of the department or the clerk shall issue a receipt for the judicial documents received by him and shall send copies thereof for notification within a maximum period of twenty-four hours under penalty of disciplinary action in case of delay without an acceptable excuse.

Article 452

The plaintiff must respond to the defendant's statement of claim within ten days from the date of notification of the statement of claim, which shall be notified to the defendant, who has the right to respond thereto within a similar deadline.

Article 453

After the expiration of the periods specified in the previous articles, none of the parties may submit any memorandum unless he provides an acceptable excuse or a reason that justifies the submission of a new memorandum, and in this case the president of the court or the judge shall set a period for the submission of this memorandum.

Article 454

In the event of multiple pleadings, each party shall include in the conclusion of their last pleading a paragraph that comprises all their claims, including those stated in a previous pleading or pleadings. The court shall not be required to rule on the claims made in contravention of these provisions.

Article 455

The court may shorten the periods for exchange of memoranda in cases that require urgency, provided that the period fixed by it shall not be less than twenty-four hours. In other cases, it may extend such periods upon request of one of the parties if it finds a reason to justify such extension.

Article 456

1. The day following the expiration of the deadline for submitting memoranda, the head of the department or the clerk must refer the file to the President of the Court, who shall appoint one of its judges to review it in order to complete it if necessary and prepare the case for argument within a deadline to be determined by him, which may be extended if needed. The President of the Court may also undertake this task himself. 2. The President or the appointed judge, as well as the single judge, after reviewing the file, may take the measures they deem appropriate for the aforementioned purpose. They may require the parties to provide the necessary clarifications regarding the facts or the law concerning their claims or defenses and to produce the documents on which they are based, while respecting their right to discuss any new documents or papers submitted to them. 3. They may also hear the parties in an attempt to settle and reconcile them, in the presence or absence of their lawyer representatives, according to the parties' request. In all the aforementioned cases, they shall set a deadline for the implementation of the decision they make and notify the parties that if this decision is not implemented, the case shall be considered in its current state.

Article 457

Upon completion of the task outlined in the previous article, the assigned judge returns the case file to the court clerk, and the president designates, if settlement between the parties has not been reached, the date of the hearing in which the case shall be heard.

Article 458

In any case, if the court finds it necessary to conduct an investigation, it may delegate one of its judges to carry it out, in accordance with the provisions of Article 135.

Article 459

1. Amended in cases where the value does not exceed eight hundred thousand Lebanese pounds, and in urgent cases, the judge may set the date of the hearing immediately upon registration of the summons and may hear the parties in the first session without the need for exchange of pleadings.

Article 460

The president of the court or one of the judges designated by him, as well as the judge sitting alone, may call the disputing parties to his office and endeavor to reconcile them; if they agree on a settlement, even if partial, he shall draw up a record establishing it and take their signatures on it and issue a decision recognizing it.

Article 461

1. Both parties may reconcile at any time during the trial, even partially, and may request the court or the single judge to issue a decision ratifying this reconciliation.

Article 462

The parties may submit a joint written statement declaring that they are satisfied with the written arguments set forth in their memoranda. If the court considers that there is no necessity for hearing oral arguments or any investigation and that the case is ready for judgment, it may render judgment.