1. Key takeaways
The Rules of Procedure of the UPC do not contain a
principle according to which evidence for factual allegations
arising from the action may no longer be submitted by the party to
the action after the action has been filed.
According to Rule 172.2 RoP, the Court may at any stage of the
proceedings order a party alleging a fact to produce evidence
within its control.
The parties are required to present their arguments in full as
early as possible in the proceedings (item 7 of the preamble to the
RoP). However, the RoP do not contain any principle according to
which evidence for factual allegations of the party bringing the
action may no longer be submitted after the action has been filed;
otherwise there would be no basis for R. 103.1 (c), 104 (e), 172.2
and 114 RoP.
