Abstract

The Rules of Procedure do not contain strict rules on preclusion for late submissions or procedural acts after a time limit has expired. Pursuant to Rule 9.2, the Court may disregard any step, effect, evidence, or argument which a party has not taken or submitted in accordance within the time limit set by the Court or by the Rules of Procedure. Admitting late submissions is subject to the discretion of the Court (→ Rule 9 UPCARoP, exception: Rules 30.1 and 30.2 on preclusion of late applications to amend a patent). Moreover, a failure to observe a time limit does not necessarily cause a party to lose a right or means of redress. Pursuant to Rule 9.3, all time limits may be extended retroactively with the exception of Rule 198.1 (time limit for starting an action after an order to preserve evidence has been given), Rule 213.1 (time limit for starting an action after provisional measures), and Rule 224.1 (time limit for an appeal).

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