Commentary of Rules 61-67

Abstract

Comprehensive commentary of Rules 61-67 of the ELI/UNIDROIT Model European Rules of Civil Procedure. First, the foundations of the preparatory phase of civil proceedings, its contents and form are analysed, as well as the case management powers of the court during that phase, including the powers related to evidence-taking. Second, commentary is provided on the closing of the preparatory phase of civil proceedings and its effects, especially those related to the prohibition of further submissions. Third, the principles and the rules governing the final hearing of civil proceedings are studied, as well as the rules applicable to ‘early final judgments’ and ‘preliminary judgments’. Finally, the possibility of provisional measures and interim payment orders during the preparatory phase is considered.