Casalonga UPC rules of procedure
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Rule 240Conduct of the oral hearing

Subject to Rule 241 [1] the oral hearing shall be held before the panel and shall be directed by the presiding judge. Subject always to Rule 222 [2], Rules 111 [3], 112 [4], 115 [5], 116 [6] and 117 [7] shall apply mutatis mutandis.

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[1-
The oral hearing for an appeal of a cost decision pursuant to Rule 157 shall be heard by the standing judge [Rule 345.5 and .8] who shall have all the powers of the Court of Appeal.

[2-
1. Requests, facts, evidence and arguments submitted by the parties under Rules 221, 225, 226, 236 and 238 shall, subject to paragraph 2, constitute the subject-matter of the proceedings before the Court of Appeal. The Court of Appeal shall consult the file of the proceedings before the Court of First Instance.
2. Requests, facts and evidence which have not been submitted by a party during proceedings before the Court of First Instance may be disregarded by the Court of Appeal. When exercising discretion, the
Court shall in particular take into account:
(a)whether a party seeking to lodge new submissions is able to justify that the new submissions could not reasonably have been made during proceedings before the Court of First Instance;
(b)the relevance of the new submissions for the decision on the appeal;
(c)the position of the other party regarding the lodging of the new submissions.

[3-
The presiding judge shall:
(a) have all authority to ensure a fair, orderly and efficient oral procedure; and
(b) ensure that the action is ready for decision on the merits at the end of the oral hearing.

[4-
1. The oral hearing shall be held before the panel and shall be under the control of the presiding judge.
2. The oral hearing shall consist of:
(a) the hearing of the parties’ oral submissions;
(b) the hearing of witnesses and experts under the control of the presiding judge.
3. The Court may decide to:
(a) allow a party, representative or accompanying person, to attend the oral hearing by videoconference,
(b) hear a party, witnesses or expert through electronic means, such as video conference or
(c) hold the oral hearing by videoconference if all parties agree or the Court considers it appropriate to do so due to exceptional circumstances.
In all cases, the oral hearing shall be transmitted simultaneously in picture and sound to the court room.
4. The presiding judge and the judges of the panel may provide a preliminary introduction to the action and put questions to the parties, to the parties’ representatives and to any witness or expert.
5. Under the control of the presiding judge, the parties may put questions to the witness or expert. The presiding judge may prohibit any question which is not designed to adduce admissible evidence.
6. With the consent of the Court a witness may give evidence in a language other than the language of proceedings.
Relation with Agreement: Articles 52(3) and 53(1).

[5-
The oral hearing and any separate hearing of witnesses shall be open to the public unless the Court decides to make a hearing, to the extent necessary, confidential in the interests of one or both parties or third parties or in the general interests of justice or public order. The hearing shall be audio recorded. The recording shall be made available to the parties or their representatives at the premises of the Court after the hearing. Rule 103 shall apply mutatis mutandis.
Relation with Agreement: Article 45

[6-
1. A party which does not wish to be represented at the oral hearing shall inform the Registry in good time. Where both parties have informed the Registry that they do not wish to be represented at the oral hearing, the Court may decide the action in accordance with Rule 117.
2. The Court shall not be obliged to delay any step in the procedure, including the decision on the merits, by reason only of the absence of a party from the oral hearing.
3. A party that is not represented at the oral hearing shall be treated as relying only on its written case.
4. If due to an exceptional occurrence a party is prevented from being represented at the oral hearing, the Court shall on a reasoned request of that party, adjourn the oral hearing.
5. The provisions of this Rule are without prejudice to the power of the Court to give a decision by default pursuant to Rule 355

[7-
Where both parties have informed the Registry that they do not wish to be represented at the oral hearing the Court shall take a decision on the merits on the basis of the pleadings and evidence submitted by the parties and the court expert, if applicable, and otherwise in accordance with Rules 118 and 350 to 354