The interim procedure is the phase that follows the written procedure and prepares the oral procedure. It is the phase for putting the case in order before the UPC.
The central role of the judge-rapporteur
The interim procedure is largely directed by the judge-rapporteur (Rule 331.1 of the Rules of Procedure), who has broad case management powers.
The objectives
This phase aims to prepare the hearing (Rule 104 of the Rules of Procedure) and, where possible, to promote an amicable settlement between the parties. The judge-rapporteur may, for example, order an expert opinion—technical or legal—to clarify a complex issue for the court, set the framework for the debate, and identify the issues to be decided.
Duration
The interim procedure typically lasts three months (Rule 101.3 of the Rules of Procedure)—a tight schedule consistent with the goal of a decision on the merits within approximately one year.
The interim conference
If necessary, the judge-rapporteur holds an interim conference (Rule 101.1 of the Rules of Procedure), in person or by telephone/video conference. It is recorded (Rule 106 of the Rules of Procedure), with the recording only accessible at the UPC premises. At the conclusion, the judge-rapporteur closes the interim procedure and refers the case to the oral procedure (Rule 108 of the Rules of Procedure).
Value of the dispute and fees
It is also during this phase that the value of the dispute (including any counterclaim) is determined by the judge-rapporteur, by way of order and based on the parties’ arguments (Rule 31.1 of the Rules of Procedure). The procedure fee based on the value is then reassessed and must be paid by the claimant if it has not already been settled (Rule 32.2 of the Rules of Procedure).