The interim procedure is the phase that follows the written procedure and prepares the oral procedure (R10(b) RoP UPC). It is the phase in which the case is made ready for trial before the UPC.

The central role of the judge-rapporteur

The interim procedure is conducted by the judge-rapporteur, who makes all necessary preparations for the oral hearing and must ensure fair, orderly and efficient proceedings (R101.1 and R101.2 RoP UPC). To that end, he or she has broad case management powers (R331 and R334 RoP UPC).

The judge-rapporteur may refer any matter to the panel, which may of its own motion review his or her decisions; a party may request such a review, the decision of the judge-rapporteur remaining effective in the meantime (R102 RoP UPC).

Duration

Without prejudice to the principle of proportionality, the judge-rapporteur must complete the interim procedure within three months of the closure of the written procedure (R101.3 RoP UPC) — a tight pace, consistent with the aim of a final oral hearing on the merits within one year (RoP UPC, preamble, point 7).

Preparatory measures

Whether or not an interim conference is held, the judge-rapporteur may order the parties to clarify certain points, to answer specific questions, or to produce evidence or documents; a party that fails to comply exposes itself to a decision by default (R103 RoP UPC).

The interim conference

Purposes

If necessary, the judge-rapporteur holds an interim conference with the parties (R101.1 RoP UPC), which enables him or her in particular (R104 RoP UPC):

  • to identify the main issues and the relevant facts in dispute;
  • to set the timetable for the rest of the proceedings and to confirm the date of the oral hearing;
  • to explore with the parties the possibilities of settlement, including through the mediation and arbitration centre;
  • to order, where appropriate, the production of further pleadings or documents, an expert opinion (including a court expert), experiments, inspections, and to define the subject-matter of witness testimony at the oral hearing;
  • to decide that the oral hearing will be held wholly or partly by videoconference;
  • to set the value of the action (for fee purposes) and the value used for the ceiling on recoverable costs;
  • to order the parties to submit a preliminary estimate of the costs they intend to claim.

The value of the action is determined by order, in the light of the parties’ estimates; the claimant then pays any additional value-based fee (R22 and R371.4 RoP UPC; see “Court fees and value of the action”).

How it is held

The conference is held, as far as possible, by telephone or videoconference; it takes place at the Court only at the request of a party and with the agreement of the judge-rapporteur, in which case it is public unless confidentiality is ordered (R105.1 and R105.2 RoP UPC). It may be held in any language agreed by the representatives (R105.3 RoP UPC), and results in an order summarising the decisions taken (R105.5 RoP UPC).

It is recorded, the recording being available for consultation only at the premises of the Court (R106 RoP UPC).

Closure

The judge-rapporteur summons the parties to the oral hearing, giving at least two months’ notice unless the parties agree otherwise (R108 RoP UPC), then closes the interim procedure as soon as the case is ready; the oral procedure begins immediately, under the direction of the presiding judge of the panel (R110 RoP UPC).