Access to evidence in France

Emmanuel Jeuland

Chapter 3 in Access to Evidence in Civil Procedure, 2026, pp 50-75 from Edward Elgar Publishing

Abstract: As is the case in many continental procedural systems, French law is based on a restrictive approach to access to sources of evidence held by the opposing party or third parties. The principle of loyal cooperation between the parties and with the judge should be seen as a tool to correct this situation. The chapter focuses on analysing judicial regulation and practice in order to determine what information and evidence can be accessed and under what conditions. In particular, the so-called “French blocking statute” is analysed (“Loi de Blocage”, passed in 1968 and modified in 1980). Its aim is to prevent the disclosure of sensitive economic, commercial, industrial, financial, or technical information by French natural and legal persons to foreign authorities or its use in foreign judicial or administrative proceedings, if they are issued outside the framework of international mutual legal assistance schemes. This regime was initially adopted in reaction to American discovery rules, although it has been applied very rarely.

Keywords: Evidence; Access to evidence; French procedural law; French blocking statute; Evidence production; Evidence preservation (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035336128
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