Proceedings Preparatory to a Final Hearing

Abstract

This chapter assesses the provisions on the proceedings preparatory to a final hearing under the European Rules of Civil Procedure. Rule 61 provides that ‘to prepare for a final hearing, the court may hold an early case management hearing and if necessary further ones as the case progresses’. Rule 62(1) in connection with Rules 49(1) and (3) – (6) addresses the means of case management that are to be employed in or after the early management hearing. They are designed to ensure that the court takes such organisational measures as are necessary to facilitate the effective conduct of preparatory proceedings, including settlement endeavours, determination of the type and form of on-going proceedings, the procedural calendar or timetable, any limitation in terms of the number and/or length of submissions, the consolidation or separation of proceedings, or the order in which issues are to be tried. The chapter then considers the provisions on the closing of preparatory proceedings; the final hearing; early final judgments; judgments on preliminary procedural issues or on legal issues on the merits; and provisional measures and interim payment orders.