A guide to the UPC and the UP - Flipbook - Page 266
oral hearing. Alternatively, the parties may agree on the language to use in the proceedings
and may believe that a single judge fluent in that language would be preferable to a situation
where interpreters may be needed to assist other panel judges. If the action is heard by
a single judge, the party liable for the Court fees will be reimbursed by 25 per cent. 24
Practical Issues Relating to the Oral Hearing
Date of the Hearing
14-11 The Court will deal with the actions in the order in which they become ready for hearing. 25
Nevertheless, the judge-rapporteur can, early in the written procedure and after consulting
the parties, set the date of the oral hearing. 26 Thereafter, there are opportunities for the
judge- rapporteur to review and confirm the date with the parties, particularly at the
interim conference. 27
14-12 A party may apply for an action to be given priority and the usual time periods shortened to
allow it to come on more quickly. 28 A party may also request that an action be deferred and
dealt with at a later date, in particular to allow the parties to find an amicable settlement of
the dispute. 29 The decision in each case is made by the presiding judge of the panel to which
the case is assigned. Although no guidelines are given, the presiding judge is likely to have in
mind not only the issues between the parties and the prejudice caused to one or other of them
in altering the time periods and hearing date, but also the effect of moving one case on other
cases in the Court’s list. A party will have to have good reasons why a case should either jump
the queue or be delayed and will need to convince the presiding judge that doing so is
proportionate, fair and equitable. 30
Summons to Attend the Hearing
Parties
14-13 The judge-rapporteur will during the interim procedure summon the parties to the oral hearing
giving them at least two months’ notice, unless they agree to a shorter time period. 31
Witnesses and Experts
14-14 The Court will also summon the witness and experts 32 to the oral hearing and any separate
hearing before the panel. 33 There is no time period given in the RoP for sending such summons,
but since witnesses and experts will only be heard if the judge-rapporteur makes such an order
during the interim procedure, 34 it is expected that the witnesses and experts will usually be
summoned at much the same time as the parties.
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25
26
27
28
29
30
31
32
33
34
r.370(9)(a) RoP.
r.343(1) RoP.
r.28 RoP.
rr.104(h) and 108 RoP. After consultation with the presiding judge and parties, the judge-rapporteur may order that the oral
hearing or a separate hearing of witnesses or experts be wholly or partly by video conference in accordance with r.112.3 RoP.
r.343(2)(a)RoP.
r.343(2)(b) RoP.
arts 42(1) and (2) UPCA.
r.108 RoP.
rr.177(2) and 181(2) RoP.
rr.104(g) and (h) RoP.
r.112(2)(b) RoP.
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A Guide to the UPC and the UP 256
