Code of Organization and Civil Procedure (Cap. 12), article 963

963. (1) Saving the provisions of sub-article (3) and of articles 416 and 420, the written pleadings in any cause shall be closed , in first instance, within the peremptory time of six months, and, in second instance, within the peremptory time of one year. Running of time in first and second instance. (2) The time shall commence to run, in first instance, from the day on which the sworn application is filed, and, in second instance, from the date of the ap plication of appeal for the re versal or variation of the ju dgment appealed from. Power of court. (3) If, even where the peremptory times referred to in sub- article (1) shall have lapsed, it is found that the written ple adings in any cause are not closed, the cou rt shall once only give such o rders which it may deem fit so that suc h pleadings may be closed as s oon as possible in order to avoid that such cause be deserted by re ason of some failure to notify or by reason of the failure of perfor mance of a procedure or formality. (3A) The desertion of a cause s hall be declared by means of a decree delivered in open court if, after the orders referred to in sub- article (3) shall have been given, the written pleadings are no t closed. Pleadings to be deemed closed if party not served with pleading appears at trial. (4) Notwithstanding the provisions of sub-article (3), the pleadings shall be deemed to be closed if the party not served with the pleading necessary for the close of the record, appears at the trial and does not raise the question that the pleadings are no t closed and proceeds or knowingly allows ot hers to proceed to further acts without raising such question. If pleadings are not closed, cause to be deemed deserted. (5) Saving the provisions of ar ticle 732(2), the causes the written pleadings whereof are not closed, in spite of the order s CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 271 given by the Court in accordance with sub-article (3), within t he said time shall: (a) where the cause is before a court of first instance be deemed to be a cause which has been set down for hearing and subsequently by order of the court, adjourned to an unspecified date, and the provisions of articles 964 to 967 shall apply thereto; and (b) where the cause is before a court of second instance, be deemed to be deserted. Effects of desertion. (6) The desertion of any cause in first instance shall operate as an abandonment of the proceedings, but shall not bar the right of action. In second instance, the desertion shall operate as an abandonment of the appeal and the judgment appealed from becomes res judicata. Causes adjourned sine die or otherwise suspended. Amended by: XI.1859.40; IX.1886.120; XV .1913.173: XIII.1964.24. Substituted by: LII.1981.3. Amended by: VIII.1990.3; XXIV .1995.351. Substituted by: XXXI.2002.188. Amended by: XXXII.2021 .12.