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EU JudgeCo Guideline 10 - Joint Hearing

A court may conduct a joint hearing with another court. In connection with any such joint hearing, the following should apply, unless otherwise ordered or unless otherwise provided in any previously approved Protocol applicable to such a joint hearing:

  1. Each court should be able to simultaneously hear the proceedings in the other court;
  2. Evidentiary or written materials filed or to be filed in one court should, in accordance with the directions of that court, be transmitted to the other court or made available electronically in a system, accessible by the parties involved in the hearing in advance of such hearing. Transmission of such material to the other court or its public availability in an electronic system should not subject the party filing the material in one court to the jurisdiction of the other court;
  3. Submissions or applications by the representative of any party should be made only to the court in which the representative making the submissions is appearing, unless the representative is specifically given permission by the other court to make submissions to it;
  4. Subject to EU JudgeCo Guideline 8(ii), the court should be entitled, so far as the national law permits, to communicate with the other court in advance of a joint hearing, with or without counsel being present, to establish rules for the orderly making of submissions and rendering of decisions by the courts, and to coordinate and resolve any procedural, administrative, or preliminary matters relating to the joint hearing; and
  5. Subject to EU JudgeCo Guideline 8(ii), the court, subsequent to the joint hearing, should be entitled to communicate with the other court, with or without counsel present, for the purpose of determining whether coordinated orders could be made by both courts and to coordinate and resolve any procedural or non-substantive matters relating to the joint hearing.

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