
Who should pay the court fees?
Article 145 of French civil procedure code: who pays the costs of an investigative measure? Analysis of the judgment of November 21, 2024 by Octave Hocher in Dalloz Actualité.
When a party considers that it lacks evidence to win its case and wishes to ask the judge for an investigative measure to help him recover this evidence (an expertise, a bailiff's report, etc.), he must use article 145 of the civil procedure code. Who should pay the costs of this measure if the judge accepts it? It is to this question that answers the judgment of the Court of Cassation (Civ 2E, November 21, 2024, No. 22-16.763), commented by Octave Hocher for the December 19, 2024 edition of the magazine Dalloz Actualité.