The French Huissier as a Model for U.S. Civil Procedure Reform
93 Pages Posted: 19 Dec 2015
Date Written: June 22, 2010
Abstract
It is rare, but far from astonishing, for an American adjudicator to adopt factual determinations from a non-U.S. jurisdiction. That seems to be far less controversial, or at least newsworthy, than when a U.S. court refers to foreign laws for support. Indeed, it seems that after a lengthy history of utilizing foreign case law in its decision making, American courts now face considerable criticism for doing so. Yet, adapting foreign legal innovations is still crucial to the evolution of law. Adjustments and inclusions by U.S. courts come from a multiplicity of sources, including brief encounters with foreign legal professionals. For example, a quarter-century ago, with little fanfare, an Illinois appeals court relied on the reports of French administrative officers — huissiers — to support its holding that McDonald’s Corporation justifiably terminated the right of its franchisee, Raymond Dayan, to develop and operate certain restaurants in Paris. Stating that the central issues were factual, the Court then upheld the use of huissier d’audiencier reports produced for previous French litigation: “[T]he trial court properly admitted...the huissiers’ reports in evidence as past recollection recorded. The underlying rationale...relies on the fact that the proffered document contains sufficient circumstantial guarantees of trustworthiness and reliability.”
Keywords: Huissier, Procedure Reform, Comparative Law
JEL Classification: K00, K2
Suggested Citation: Suggested Citation