There is generally no disclosure/discovery in France. Parties must provide the court with all documents supporting their claims, and all documents referred to in their submissions should be provided to the opposing parties.

A party may, before initiating an action, ask in summary proceedings or by filing a request to be provided with documents in the possession of another party, provided that there is no other way to obtain the documents.

When an action has been initiated, parties may also request the judge to order the production of documents in the possession of the opposing party or of a third party. The judge has a discretionary power to grant or deny the request. The request will be denied if the judge considers that the documents are not relevant to the case or that the request is overly broad. The request will also be denied if the party in possession of the document successfully claims that the document is privileged or, more generally, confidential. The scope for production of documents is thus relatively limited.

In the case of arbitration, under a decree issued on 13 January 2011 amending arbitration law, the arbitral tribunal's authority has been broadened to include the ability to order parties, under the threat of penalty if necessary, to produce evidence that they may have in their possession. The arbitral tribunal may also authorize a party to request from state courts (from the President of the Tribunal Judiciaire) an order against third parties to obtain evidence held by them.