1.1 These Rules must be interpreted in accordance with and to fulfill the purposes of the Fundamental Principles stated in the preamble.

1.2 These Rules must be construed to advance substantive and procedural fairness, having regard for the legal and cultural traditions of the litigants.

1.3 Each party must receive equal treatment and be granted the right to properly present its case.

1.4 The proceedings must fulfill reasonable expectations regarding fairness, and must be time- and cost-efficient.

1.5 The court must assure proper and professional conduct of all persons involved in the proceedings.

1.6 Use of procedural restrictions and penalties against parties and nonparties must be only in reasonable proportion to their purpose.

2.1 Subject to domestic constitutional provisions and statutory provisions not superseded by these Rules, the courts of a state that has adopted these Rules must apply them in all disputes in which judicial relief is sought arising from a sale, lease, loan, investment, acquisition, banking, security, property, intellectual property, or any other business, commercial, or financial transaction in which:

2.1.1 The dispute is between a plaintiff and a defendant who are habitual residents of different states, and the transaction did not arise wholly within the forum state; or

2.1.2 The dispute concerns fixed property located in the forum state and at least one person who is a habitual resident of another state makes a claim of ownership, a security interest or other interest in that property.

2.2 A corporation, société anonyme, unincorporated association, partnership, or other organizational entity is considered a habitual resident both of the state from which it has received its charter of organization and of the state where it maintains its administrative headquarters.

2.3 In cases involving multiple parties or multiple claims, the court shall determine what are the principal matters in controversy. If those matters are within the scope of these Rules, the Rules apply to all parties and claims. Otherwise, the court shall apply the rules of the forum. The court may also sever the proceeding when doing so would facilitate the efficient administration of justice.

2.4 Participation by additional parties, whether as claimant, defendant, or third party, is determined according to Rule 5.

2.5 Upon demand of all parties who are not habitual residents of the state, the litigation shall proceed according to the ordinary procedural law of the forum.

2.6 The forum state may exclude categories of matters from application of these rules and may extend application of these Rules to other transnational civil matters.

2.7 A plaintiff who invokes the authority of a court under these Rules is thereby precluded from thereafter challenging that authority, except if the court determines, on its own initiative or at the suggestion of another party, that the lack of authority was manifest.

2.8 A defendant or other party who does not object to application of these Rules until after that party has answered concerning the merits is precluded from making subsequent challenge, except if the court determines, on its own initiative or at the suggestion of another party, that the lack of authority was manifest.

3.1 A Transnational Civil Proceeding must be conducted in the forum state’s first-instance courts of general jurisdiction, unless a special court or special division has been established for such proceedings.

3.2 Appellate jurisdiction of a Transnational Civil Proceeding shall be in the forum-state appellate court having jurisdiction of the first-instance court of general jurisdiction, unless the forum state has provided otherwise.

3.3 To facilitate efficient determination of a dispute governed by these Rules, the court having jurisdiction of a Transnational Civil Proceeding may delegate judicial functions to another court of the forum state or to a court of another state that has authority to accept the delegation or to a judicial officer specially appointed for the purpose.

3.4 The court may conduct hearings at a location remote from its seat and may use telecommunications devices, but shall not thereby deprive a party of the right to address questions to an adverse witness.

4.1 A proceeding under these Rules may be maintained in the courts of a state:

4.1.1 Designated by mutual agreement of the parties; or

4.1.2 In which a defendant is subject to the compulsory judicial authority of that state, as determined by principles governing personal jurisdiction or by international convention to which the state is a party; or

4.1.3 Where fixed property is located when the application of these Rules is based on Rule 2.1.2; or

4.1.4 In aid of the jurisdiction of another forum in which a Transnational Civil Proceeding is pending.

5.1 Jurisdiction may be exercised over another person that is subject to the compulsory jurisdiction of the court and that is so connected with the dispute that, in the interest of efficient administration of justice, the person should be made a party.

5.2 A third person made a party as provided in 5.1 should be summoned as provided in Rule 10.

5.3 A third person not subject to the compulsory jurisdiction of the court may be given notice of the proceeding and invited to intervene. The forum rules concerning intervention shall thereafter apply concerning that party.

5.4 Jurisdiction under these Rules may be exercised over claims arising from the same transaction as the original dispute, other than those within the scope of these rules, subject to the provisions of Rules 2.2 and 5.5.

5.5 Additional parties who are subject to the jurisdiction of the court may be joined in accordance with the law of the forum. Application of these Rules is not affected by joinder of claims or participation of additional parties, except as provided in Rule 2.5.

5.6 If, prior to plenary hearing, there is joinder of claim or an additional party whose presence as a party would render Rule 2 applicable, these Rules shall apply, unless in accordance with Rule 2.3 the court orders otherwise in the interest of orderly administration of justice.

6.1 A person who is not a party to a proceeding may move for leave to intervene as an added party if the person claims

6.1.1 An interest in the subject matter of the proceeding;

6.1.2 That the person may be adversely affected by a judgment in the proceeding; or

6.1.3 That there exists between the person and one or more of the parties to the proceeding a question of law or fact in common with one or more of the questions in issue in the proceeding.

6.2 On the motion, the court shall consider whether the intervention will unduly delay or prejudice the determination of the rights of the parties to the proceeding, and the court may add the person as a party to the proceeding and may make such order as is just.

6.3 Any person, private or public, may file an amicus curiae brief containing data, information, remarks, legal analysis, social background and, considerations that may be useful for a fair and just decision of the case. The court may invite a third party to file an amicus brief. The parties shall have the opportunity to submit written comment addressed to the matters in an amicus brief before the brief is considered by the court.

The proceeding shall be brought in the court of first instance in the locality determined according to the state’s rules of territorial competence.

8.1 The court shall be composed as ordinarily provided by the law of the forum. In cases involving technical or scientific issues, the court of first instance may appoint not more than two neutral assessors, who are experts in that subject matter. In choosing the assessors, the court shall consider recommendations from the parties. The assessors have no vote.

8.2 In its deliberations the court may confer with the assessors only in the presence of the parties or through written communication, copies of which are provided to the parties. The fees and expenses of the assessors shall be paid by the parties or as otherwise directed by the court.

The court in a Transnational Civil Proceeding has authority to give direction to the proceedings, including establishing the schedule of hearings, and to give effect to the Fundamental Principles stated in the preamble.

Subject to the provisions of Rule 1, the procedural law of the forum shall be applied in matters not addressed in these Principles and Rules.

11.1 The plaintiff shall submit to the court a statement of claim, as provided in Rule 12. The court shall thereupon give notice of the proceeding to the parties named as defendant. The proceeding shall be designated a Transnational Civil Proceeding.

11.2 The notice to the defendant shall be in accordance with an applicable international convention or, if no such convention is applicable, by transmitting a copy of the statement of claim and a request to appear in response within a reasonable time.

11.3 The notice shall specify the time within which the defendant must respond and that the proceeding is brought under these Rules, and shall state that default judgment may be entered against the defendant if the defendant does not respond within the specified time.

11.4 The notice must be in the language of the forum, and in the language of defendant, except when it is not known what language the defendant speaks.

11.5 In determining whether the proceeding has been brought within the time permitted by the applicable rule of prescription or statute of limitation, or lis pendens, the proceeding is considered commenced on the date that the plaintiff submitted the statement of claim to the court as provided in
Rule 11.1.

12.1 The plaintiff shall state the facts on which the claim is based, the plaintiff’s contentions concerning the legal grounds that support the claim, including foreign law, and the basis upon which these Rules are applicable. The statement of facts shall, so far as reasonably practicable, set forth detail as to time, place, participants, and events. If applicable law requires that plaintiff have first resorted to an arbitration or conciliation procedure or the like, plaintiff shall describe the effort to do so.

12.2 The plaintiff shall state the judgment demanded, including, so far as practicable, the monetary amount claimed and any other remedy sought.

13.1 A defendant shall, within [30 consecutive] days from the date of service of process, answer the claim by admissions and denials of the allegations. The time for answer may be extended for [30 days] upon request of the defendant, or for a reasonable time by agreement of the parties or by court order. The answer shall:

13.1.1 Deny such allegations of the statement of claim as the defendant wishes to dispute;

13.1.2 Admit, or admit with explanation, such allegations as the defendant does not wish to dispute as thus explained, or assert an alternative statement of facts;

13.1.3 State the facts and contentions as to legal grounds upon which any affirmative defenses are based.

13.2 The defendant may state a counterclaim, seeking relief from a plaintiff or against a co-defendant or third party, that is connected to the dispute in the plaintiff’s complaint, for example a claim for indemnity or contribution. The party against whom a counterclaim is stated must submit an answer thereto.

13.3 The provisions of Rule 12 concerning the detail of statements of claims are applicable to the statements of other claims and of defense.

13.4 A party shall explicitly deny the allegations it intends to controvert. Failure to make an explicit denial is considered an admission. Facts admitted or deemed admitted need no proof, except as provided in Rule 15.2 with respect to a default judgment.

13.5 A party against whom a claim is stated may in the answer present objections referred to in Rule 18.1. Submitting an answer or asserting a counterclaim does not waive such objections.

14.1 In the preparatory stage, a party may amend a pleading upon such terms as the court may permit. If the amendment refers to events occurring subsequent to those alleged in the party’s previous pleading, or on the basis of newly discovered facts or evidence that could not previously have been obtained through reasonable diligence, permission to make reasonable amendment shall be afforded if the amendment will not impose unfair prejudice on another party. After obtaining evidence under Rules 19 and 20, a party may amend a pleading to address allegations based on information thus obtained.

14.2 The court must grant leave to amend a pleading on such terms as are just, unless prejudice would result that could not be compensated for in costs or an adjournment.

14.3 The amendment shall be served on the opposing party, who shall have [30 days] in which to respond, or such other time as the court may order.

14.4 If the complaint has been amended, default judgment may be obtained on the basis of an amended pleading only if the amended pleading has been served on the party against whom default judgment is to be entered.

14.5 Any party may request that the court order another party to provide a more specific statement of that party’s claim or defense on the ground that the challenged statement does not comply with the requirements of these Rules.

15.1 Default judgment shall be entered against a plaintiff who fails to prosecute the proceeding, or against another party who, without reasonable justification, does not answer within the time provided in these Rules, fails to offer a substantial answer, or fails to proceed after having answered.

15.2 Before entering a default judgment, the court shall determine that procedural requirements of any applicable international convention have been observed and:

15.2.1 If default is to be against a plaintiff for failure to prosecute, give reasonable warning to the plaintiff that default may be granted;

15.2.2 If default is to be against another party, determine that the procedure for giving notice to that party has been properly followed and that the party had sufficient time to respond;

15.2.3 Determine that the claim is legally justified concerning liability and remedy, including the amount of damages and any claim for costs sought under Rule 30.

15.3 The remedy awarded in a default judgment shall be no greater in monetary amount or in severity of other remedy that was demanded in the statement of claim.

15.4 A party who has answered after the time provided in these Rules, but before judgment, shall be permitted to appear upon offering justifiable excuse, but the court may order compensation for costs resulting to the opposing party.

16.1 Prior to or after commencement of a proceeding under these Rules, a party may deliver to another party a written offer to settle one or more claims and the related costs and expenses. The offer shall be designated “Transnational Dispute Settlement Offer” and must refer to the penalties imposed under this Rule. The offer shall remain open for [60 days], unless rejected or withdrawn by a writing delivered to the offeree prior to delivery of an acceptance.

16.2 The offeree may deliver a counter-offer, which shall remain open for at least [30 days]. If the counter-offer is not accepted, the party may accept the original offer, if still open.

16.3 An offer neither withdrawn nor accepted before its expiration is rejected.

16.4 Unless by consent of both parties, an offer shall not be made public or revealed to the court before entry of judgment, under penalty of sanctions or adverse determination of the merits.

16.5 Within 10 days after entry of judgment, a party may reveal the offer to the court. If the offeree fails to obtain a judgment that is more advantageous than the offer, the court must impose an appropriate sanction, considering all the relevant circumstances of the case.

16.6 Unless the court finds that special circumstances justify a different sanction, the sanction shall be the loss of the right to be reimbursed for the costs, plus reasonable costs incurred by the offeror from the date of delivery of the offer. That sanction shall be in addition to the costs determined in accordance with Rule 33. An offeree is entitled to costs up to the date upon which the offeror serves notice of acceptance, unless the offer states otherwise.

16.7 If an accepted offer is not complied with in the time specified in the offer, or in a reasonable time, the offeree may either proceed to enforce it or continue with the proceeding.

16.8 This procedure is not exclusive of the court’s authority and duty to conduct informal discussion of settlement and does not preclude parties from conducting settlement negotiations that are not subject to sanctions.

17.1 In accordance with forum law and subject to applicable international conventions, the court may issue an injunction to restrain or require conduct of any person who is subject to the court’s authority where necessary to preserve the status quo or to prevent irreparable injury pending the litigation. The extent of such a remedy shall be governed by the principle of proportionality.

17.1.1 A court may issue such an injunction, before the opposing party has opportunity to respond, only upon proof showing urgent necessity and a preponderance of considerations of fairness in support of such relief. The party or person to whom the injunction is directed shall have opportunity at the earliest practicable time to respond concerning the appropriateness of the injunction.

17.1.2 The court may, after hearing those interested, issue, dissolve, renew, or modify an injunction.

17.1.3 The applicant is liable for full indemnification of the person against whom an injunction is entered if it turns out that the injunction was wrongly granted.

17.1.4 The court may require the applicant for relief to post a bond or to assume a duty of indemnification of the person against whom an injunction is entered.

17.2 An injunction may restrain a person over whom the court has jurisdiction from transferring property or assets, wherever located, pending the conclusion of the litigation and require a party to promptly reveal the whereabouts of its assets, including assets under its control, and of persons whose identity or location is relevant.

17.3 When the property or assets are located abroad, recognition and enforcement of an injunction under the previous subsection is governed by the law of the country where the property or assets are located, and by means of an injunction by the competent court of that country.

18.1 On motion of a party or on its own motion or in connection with a conference under Rule 23.2, the court in the preparatory stage may determine:

18.1.1 That the dispute is not governed by these Rules, that the court lacks competence to adjudicate the dispute, or, on motion of a party, that the court lacks jurisdiction over a party;

18.1.2 That a statement of claim or defense or other procedure employed by a party fails to comply with these Rules;

18.1.3 That the dispute involves only questions of law, or that a complete or partial decision can be made with the evidence available in the record with no need for an evidentiary hearing, but the court shall have regard for the opportunity for obtaining evidence under these Rules before making such a determination;

18.1.4 That a determination of liability should be made prior to consideration of the amount of damages or other remedy;

18.1.5 Other matters of substantive law or procedure necessary to advance the proper adjudication of the merits.

18.2 Upon having made a determination as provided in the previous subsection, the court must allow the party against whom the determination is made a reasonable opportunity to amend its statement of claims or defense when it appears that the deficiency could be remedied by amendment.

18.3 If necessary, before an adjudication under this Rule, the court shall order each party to reveal information as described in Rules 19 and 20.

19.1 A party shall attach to a pleading copies of principal documents, such as contracts and relevant correspondence, on which the party intends to rely, and list all witnesses, including parties, nonparty witnesses, and expert witnesses, then known to the party and through whom the party intends to present evidence. So far as practicable, witnesses shall be identified by name, address, and telephone number.

19.2 A party may amend the specification required in the previous subsection to include documents or witnesses not known when the list was originally prepared. Any change in the list of documents or witnesses shall be communicated in writing to other parties not later than [30 days] before the plenary hearing, unless the court orders otherwise.

19.3 Within [45 days] after the answer, each party shall supply to all other parties a summary of the testimony expected of each witness it intends to present. The court may reduce or augment this time when appropriate in the circumstances of the case. If pleadings are amended, or there is change in the expected testimony, the parties shall supply amended summaries of testimony.

19.4 In lieu of the summary referred to in the previous subsection, not later than [15 days] prior to the plenary hearing, a party may present a statement of sworn written testimony by any witness it intends to present. If the examination of that witness is necessary, it will begin with supplemental questioning by the opposing party or the court.

19.5 An advocate for a party to a proceeding under these Rules may interview potential witnesses to ascertain potential evidence and to identify potential parties, but may not interview another party or a person represented by another counsel.

20.1 A party who has complied with disclosure duties prescribed in Rule 20 may, on notice to the opposing party, request the court to order production by any person, including third persons as provided in Rule 30, of any matter, not privileged under applicable law, that is directly relevant to the case, not already produced in disclosure and that may be admissible in the dispute, as follows:

20.1.1 Documents and other records of information that are specifically identified or identified within specifically defined categories and which are relevant to an issue as to which the demanding party has the burden of proof;

20.1.2 The identity and address of persons having personal knowledge of matters in issue;

20.1.3 The identity of any expert that another party intends to designate under Rule 26.3 and a statement expressing the opinion of the expert concerning controverted issues, including analysis and conclusions.

20.2 The requesting party may present the request directly to the opposing party. That party may acquiesce in the request, in whole or in part, and must promptly provide the evidence accordingly. If the request is adequate, the party must comply with it within a reasonable time, unless it calls for irrelevant or privileged evidence or is otherwise improperly burdensome.

20.3 If the party refuses, the requesting party may, on notice to the opposing party, request the court to order production of specified evidence. The court, upon opportunity for hearing, must determine the request and make an order for production accordingly.

20.4 The facts alleged in the pleadings determine relevance.

20.5 Unless otherwise agreed or ordered by the court, demands for evidence may be made as follows:

20.5.1 Initial demands by the plaintiff shall be made in the complaint or within [60 days] after the defendant has answered. Initial demands by defendants shall be made in the answer or within [30 days] after the plaintiff’s demands.

20.5.2 A second demand may be made within [30 days] after the opposing party has complied with initial demands.

20.5.3 The court may order additional exchange of evidence directed toward any relevant matter, not privileged, whose production appears necessary to prevent substantial injustice, including oral or written deposition of a party or other witness. Such a deposition shall be taken as provided in Rule 21.

20.5.4 A party must respond to such an order within [30 days].

20.6 A party that did not have the possession of demanded evidence when the demand was made, but that thereafter comes into possession of it, must thereupon comply with the demand.

20.7 Any person may invoke a protection against self-incrimination recognized according to the applicable law, but it is not a valid objection that the information is adverse to the interest of the party to which the demand is directed.

20.8 On its own motion or at the request of a party, the court may appoint a neutral special officer to preside at a deposition or to supervise document production or otherwise to assist in supervising compliance with this Rule. In fulfilling that function, the special officer has the same power and duties as the judge. Decisions made by the special officer are subject to immediate review by the court.

20.9 To give effect to a proper demand for evidence, and subject to the principle of proportionality, the court may:

20.9.1 Draw adverse inferences concerning facts in issue against a party that failed to comply with the demand;

20.9.2 Employ the measures authorized by Rules 28 and 29;

20.9.3 Dismiss claims, defenses, or allegations to which the evidence is relevant;

20.9.4 Enter judgment in accordance with Rule 15.

21.1 A deposition may be taken when the court so orders in the interest of efficiency as provided in Rule 20.5.3.

21.2 The testimony shall be upon affirmation as provided in Rule 28.3.1 and shall be transcribed verbatim or recorded by audio or video recording, as the parties may agree or as the court orders. The cost of the transcription shall be paid by the party that requested the deposition, unless the court orders otherwise.

21.3 The deposition shall be taken at such time and place as the parties may agree or as the court orders. All parties and the court shall be given written notice, at least [30 days] in advance, of the time and place of the deposition. The examination shall be conducted as provided in Rule 28 and may be conducted before a judicial officer specially appointed as provided in Rule 3.3. During or prior to the deposition the court may submit supplemental questions to be answered by the person deposed.

21.4 A deposition may be presented as testimony in the record by agreement of the parties or by order of the court.

21.5 A party may present an affidavit signed by a nonparty who makes an affirmation to tell the truth, containing statements about relevant facts of the case. The court, in its discretion, may consider such statements as if they were made by oral testimony. If another party denies the truth of the statements made by affidavit, that party may move for an order of the court requiring the personal appearance of the affidavit’s author.

22.1 Information obtained under these Rules but not presented at trial must be maintained in confidence by those receiving it.

22.2 When the information sought to be revealed is a trade or business secret, is protected by a duty of confidentiality under applicable law, or is such that its public disclosure would otherwise cause injury or embarrassment that could be avoided or mitigated by a protective order, the court should issue a suitable order imposing obligation of confidentiality on the parties, their counsel, and witnesses.

22.3 When it would assist the court in exercising its authority under this Rule, the evidence that is sought may be examined by the court in camera.

23.1 In order to further the due administration of justice, the court should assume an active management of the proceeding.

23.2 The court may schedule one or more conferences during the preparatory stage. The advocates for the parties shall attend such conferences and other persons may be ordered to do so in accordance with forum law. The court may conduct a conference by any available means of communication.

23.3 After consultation with all parties, the court may:

23.3.1 Order amendment of the pleadings for the addition, elimination, or revision of claims, defenses, and issues in light of the parties’ contentions at that stage;

23.3.2 Order the isolation for separate hearing and decision of one or more issues in the case. The court may enter an interlocutory judgment addressing that issue and its relation to the remainder of the case;

23.3.3 Order the consolidation of cases pending before itself, whether under these Rules or those of the forum, when they deal with the same or related transactions, and when consolidation may facilitate the proceeding and decision. The final judgment shall address all the cases;

23.3.4 Make rulings concerning admissibility and exclusion of evidence and other procedural matters;

23.3.5 Prescribe the sequence for hearing witnesses and experts;

23.3.6 Fix the date for the plenary hearing;

23.3.7 Enter other orders to simplify or expedite the proceeding;

23.3.8 In accordance with the law of the forum, order any person subject to the court’s authority to produce documents or other evidence or to submit to deposition as provided in Rule 21.

23.4 The court may suggest that the parties consider settlement, mediation, or arbitration or any other form of alternative dispute resolution. The court may stay the proceeding and direct the parties to an Alternative Dispute Resolution procedure, such as settlement or mediation.

24.1 The proceedings, including documents, oral proceedings, and evidence, shall be conducted in the language of the court.

24.2 If there is no prejudice to the parties, the court may allow the use of one or more foreign languages in all or part of the proceedings.

24.3 Translation of documents that are lengthy or voluminous shall be limited to relevant portions, as selected by the parties or determined by the court.

24.4 Translation should be made by a neutral translator selected by the parties or appointed by the court.

24.5 The cost of translation shall be paid by the party presenting the pertinent witness or document unless the court orders otherwise.

25.1 Except as provided in Rule 27, all evidence relevant to prove the facts in issue is admissible, including circumstantial evidence.

25.2 The competency of a witness generally is determined by forum law, but parties are in any event entitled to make statements that will be accorded probative weight.

25.3 A party has a right to proof through testimony, not privileged under applicable law, of any person whose testimony is relevant, admissible, and the production of which is subject to the court’s authority. The court may call any witness having these qualifications.

25.4 The parties may offer in evidence any relevant document or thing. The court may order any party or nonparty to present any relevant document or thing in that person’s possession or control.

26.1 The court must appoint a neutral expert or panel of experts whenever required to do so by forum law and may do so when the court determines that expert evidence may be helpful in resolving issues in the case. Expert testimony may address issues of foreign law and international law.

26.2 The court determines the issues that are to be addressed by the court’s expert and may provide directions concerning tests, evaluations, or other procedures to be employed by the expert. The court may issue orders necessary to facilitate the inquiry and report by the expert and may specify the form in which the expert shall make its report.

26.3 A party may on its own initiative designate an expert or panel of experts on an issue. An expert so designated is governed by the same standards of objectivity and neutrality as govern an expert appointed by the court. The parties’ experts and advocates are entitled to participate in or observe the tests, evaluations, or other investigative procedures conducted by the court’s expert. The court may order all the experts to confer with each other before presenting their opinions. Experts designated by the parties may submit their own opinions to the court in the same form as the report made by the court’s expert. Each party pays initially for an expert designated by that party.

27.1 Privilege against disclosure or exchange of evidence must be recognized with respect to:

27.1.1 Legal profession privilege;

27.1.2 Communications between counsel in settlement negotiation;

[27.1.3 National defense and security].

27.2 Evidence cannot be compelled if it consists of information covered by other privileges under applicable law. If evidence is not so privileged but would be privileged under other law, the evidence shall be produced in closed session of the court but in the presence of the parties and their lawyers. The court shall order protection of the secrecy concerning the privileged material.

27.3 A claim of privilege made with respect to a document shall describe the document in detail sufficient to enable another party to challenge the claim of privilege.

27.4 A privilege may be waived by or on behalf of the person that is entitled to take advantage of it. A party waives a privilege, for example, by omitting to make a timely objection to a question or demand seeking evidence or information covered by a privilege. The court in the interest of justice may relieve a party of waiver of a privilege.

28.1 Documentary evidence not earlier produced to the court and other parties shall be produced prior to the plenary hearing by the party intending to rely on such evidence.

28.2 Receipt of oral evidence shall be concentrated in a single hearing, or hearings on consecutive judicial days, except if the court orders otherwise for the convenience of the parties or persons giving evidence or in the administration of justice.

28.3 Evidence at plenary hearing will be received according to the following rules:

28.3.1 Evidence given orally or through written testimony must be truthful, under penalty of perjury, in accordance with forum law.

28.3.2 A person giving evidence is directly questioned by the lawyer of the party who called the person. The lawyers of the other parties are then permitted to ask supplemental questions. Further direct and supplemental questioning may be permitted by the court. The court shall exclude, on objection or on its own motion, irrelevant evidence and improperly leading questions. The court shall prevent unnecessary embarrassment and harassment of persons giving evidence.

28.3.3 The court may at any time conduct questioning in order to clarify the testimony, including additional questions after the questioning by the parties.

28.3.4 A person called to give evidence by the court may be examined by the court first. The person then may be questioned by the lawyers for the parties.

28.3.5 Direct questions may deal with any relevant issue in the case. Supplemental questioning may deal with any issue addressed in the direct questioning, unless the court permits a more extensive scope.

28.3.6 A statement made by a party outside of the record against that party’s own interest is admissible as evidence.

28.3.7 Any party may challenge the credibility of a witness or an expert by means of questioning or consideration of prior inconsistent statements or other evidence that may affect the credibility of the witness. The court may ask questions that affect the person’s credibility.

28.3.8 The court may permit similar contest of the authenticity or accuracy of a document or an item of real or demonstrative evidence.

The court may on its own motion or motion of a party:

29.1 Make rulings on matters described in Rule 23;

29.2 Exclude irrelevant or redundant evidence, or evidence whose presentation involves unfair prejudice, excessive cost, burden, confusion, or delay;

29.3 Draw adverse inferences from a party’s failure to give testimony or to present a witness, or to produce a document or other item of evidence that the party was in a position to present;

29.4 Impose sanctions authorized by forum law, including fine or contempt of court, on any person who, upon lawful order and without justification, fails to attend to give evidence, to answer proper questions, or to produce a document or other item of evidence, or who otherwise obstructs the administration of justice;

29.5 Relieve a party, in the interest of justice, from a failure to comply with the rules concerning evidence.

30.1 The court may, upon reasonable notice to the person to whom an order is directed and in accordance with forum law, order persons subject to its jurisdiction who are not parties to the proceeding:

30.1.1 To comply with an injunction issued in accordance with Rule 17.1;

30.1.2 To retain funds or other property the right to which is in dispute in the proceeding, and to disburse the same only in accordance with an order of the court;

30.1.3 To give testimony as provided in Rules 21 and 28;

30.1.4 To produce documents or other things as evidence.

30.2 The court shall require a party seeking an order directed to a third person to provide compensation for the costs of compliance.

30.3 An order directed to a third person may be enforced by means authorized against such persons by forum law, including imposition of cost sanctions, a monetary penalty, contempt of court, or seizure of documents or other things.

31.1 A summary record of the hearings must be kept by the court’s clerk under the court’s direction.

31.2 A verbatim transcript of the proceeding or an audio or video recording must be kept upon order of the court or demand of any party. A party demanding a transcript shall pay the expense thereof.

32.1 After the presentation of all evidence, each party is entitled to present a written submission of its contentions concerning issues of facts and law. With permission of the court all parties may present an oral closing statement. The court may allow the parties’ advocates to engage with each other and with the court in an oral discussion concerning the main issues of the case.

32.2 The court may invite advocates for the parties to submit their proposed judgments. The court may issue an oral decision or must without delay publish a written judgment and an explanatory opinion. The judgment shall include findings of fact based upon the relevant evidence and the supporting inferences and the principal legal propositions supporting the decision. The judgment shall be dated. Issues of fact shall be determined according to the applicable law governing burden of proof.

33.1 Each party initially pays its own costs and expenses, including court fees, attorney’s fees, fees of a translator appointed by a party, and incidental expenses.

33.2 The interim costs of the fees and expenses of an assessor, expert, other judicial officer, or other person appointed by the court shall be provisionally paid equally by the parties or as otherwise ordered by the court. The court shall order final payment according to this Rule.

33.3 The prevailing party shall be reimbursed its reasonable costs and expenses from the losing party, but determination of costs may be stayed with a stay of enforcement as provided in Rule 38.3.

33.4 The prevailing party shall within [30 days] after rendition of the judgment submit a statement, certified by the party or its attorney, of its costs and expenses. The losing party shall promptly pay the amount requested except for such items as it disputes. Disputed items shall be determined by the court or by such other procedure as the parties may agree upon.

33.5 At the time of judgment, the court may reduce or preclude recovery of costs and expenses against a losing party that had reasonable factual or legal basis for its position. The court may also impose a penalty not to exceed twice the amount provided by Rule 33.3 against a party whose disputation the court determines was conducted in bad faith.

33.6 If there is appellate review, the rules and procedure stated above shall apply to costs and expenses incurred in connection with the appeal.

33.7 If authorized by the law of the forum, the court may require a party to give security for costs and expenses.

34.1 Except as stated in the following subsection, an appeal may be taken only from a final judgment of the court of first instance. The judgment shall be enforceable pending appeal, subject to the provisions of Rules 38.3 and 38.4.

34.2 An order of a court of first instance granting or denying an injunction sought under Rule 17 is subject to immediate review. The injunction remains in effect during the pendency of the review, unless the reviewing court orders otherwise.

34.3 Orders of the court other than a final judgment and an order appealable under the previous subsection are subject to immediate review only upon permission of the court of first instance or of the appellate court. Such permission may be granted when an immediate appeal will resolve an issue of general legal importance or of special importance in the immediate proceeding.

34.4 Appellate review is limited to the claims, defenses, and counterclaims asserted in the court of first instance. No additional previously available evidence should be admitted except to prevent manifest miscarriage of justice.

An appeal or other form of review may be taken from the decision of a court of second instance in accordance with the law of the forum. The review performed by the court of second appeal may deal only with issues of substantive or procedural law. The facts in issue will not be reconsidered. No evidence or additional claims or defenses will be admitted.

Except as stated in Rule 37, a judgment is not subject to reexamination for procedural regularity or substantive propriety upon expiration of the time for appellate review of such a judgment.

37.1  A judgment may be nullified only through a new proceeding and only upon showing that the applicant acted with due diligence and that:

37.1.1 The judgment was procured without jurisdiction over the party seeking relief; or

37.1.2 The judgment was procured through fraud; or

37.1.3 There is evidence available that was not previously available or could not have been known through exercise of due diligence, or by reason of fraud in disclosure, exchange, or presentation of evidence that would lead to a different outcome; or

37.1.4 The judgment constitutes a manifest miscarriage of justice.

37.2 An application for nullification of judgment must be made within [one year] from the date of judgment. An objection based on fraud on the court is not subject to that time limit.

38.1 A final judgment, including judgment for a provisional remedy, is immediately enforceable, unless it has been stayed as provided in Rule 38.3. In particular, a final judgment may be enforced through attachment of property owned by or an obligation owed to the judgment obligor.

38.2 If a person against whom a judgment has been entered does not comply within the time specified, or within 30 days after the judgment becomes final if no time is specified, the court may impose enforcement measures on the obligor. These measures may include compulsory revelation of assets and a monetary penalty on the obligor, payable to the judgment obligee or to whom the court may direct.

38.2.1 Application for such a sanction must be made by a person entitled to enforce the judgment.

38.2.2 The penalty for noncompliance may include the cost and expense incurred by the party seeking enforcement of the judgment, including attorney’s fees, and may also include a penalty for defiance of the court, not to exceed twice the amount of the judgment.

38.2.3 If the person against whom the judgment is rendered persists in refusal to comply, the court may impose additional penalties.

38.2.4 No penalty shall be imposed on a person who demonstrates to the court financial or other inability to comply with the judgment.

38.2.5 The court may order third parties to reveal information relating to the assets of the debtor.

38.3 The trial court or the appellate court, on motion of the party against whom the judgment was rendered, may grant a stay of enforcement of the judgment pending appeal when necessary in the interest of justice.

38.4 The court may require a suitable bond or other security from the appellant as a condition of granting a stay or from the respondents as a condition of denying a stay.

The courts of a state that has recognized these Rules must, and courts of other states may, enforce orders in aid of proceedings in another state.