Legal Definitions - exoine

In French law, an exoine refers to a formal, written document submitted to a court or legal authority. This document provides a legitimate and documented explanation for why an individual, who was legally required to appear after receiving a summons, was unable to do so. It serves as a justification for their absence in either a civil lawsuit or a criminal proceeding.

• Example 1: Unforeseen Medical Emergency in a Civil Case

  A small business owner in France is summoned to appear in court for a civil dispute concerning a breach of contract with a supplier. The day before the scheduled hearing, the owner experiences a sudden, severe medical emergency requiring immediate hospitalization. Their legal counsel promptly prepares and submits an exoine to the court, attaching a medical certificate from the hospital. This document explains the unforeseen medical condition, justifies the owner's inability to attend, and typically requests a postponement of the hearing.

  This example illustrates an exoine being used in a civil suit to provide a formal, written reason (a medical emergency) for a summoned party's non-appearance.

• Example 2: Unavoidable Travel Disruption for an Accused Person

  An individual accused of a minor traffic offense in France is summoned to appear before a local magistrate. While traveling internationally for work, their return flight is unexpectedly canceled due to severe and widespread weather conditions, making it impossible for them to arrive back in France in time for their court date. Their legal representative files an exoine with the court, including official documentation from the airline confirming the flight cancellation and the rebooking details. This document explains the unavoidable travel disruption as the reason for their absence.

  Here, the exoine is used in a criminal proceeding for an accused person, offering a written justification for their absence due to an unforeseen and uncontrollable external event (travel disruption).

• Example 3: Compelling Professional Obligation for a Key Witness

  A crucial expert witness in a civil property dispute is summoned to provide testimony. On the day of the scheduled court appearance, the witness is unexpectedly called to an urgent, non-postponable professional meeting critical to a national infrastructure project, which was scheduled after the court summons was received. Their attorney submits an exoine to the court, detailing the compelling and unavoidable professional conflict and requesting a new date for their client's testimony.

  This scenario demonstrates an exoine being used in a civil context for a summoned party (a witness) who cannot appear due to a legitimate and unavoidable professional obligation that arose after the summons.