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Report No. 99

3.2. Question 22.-

Question 22 in our Questionnaire sought views on the issue whether a procedural requirement: making it obligatory on counsel to file written briefs, would cut down oral arguments. Although not expressed in so many words, what was contemplated in this question was a system whereunder written arguments would supplement, or be supplemented by, oral arguments. In other words, written briefs in partial substitution of oral arguments were contemplated by the question. Written arguments as totally replacing oral arguments were not contemplated by this particular question,-though Question 23 did contemplate such a possibility1. At the moment, therefore, we are concerned, with the question how far there could be introduced a system whereunder the main submissions of counsel would find a place in written arguments submitted to the court in advance, to be followed (at the hearing) by oral arguments which would then be limited to the minimum.

1. Chapter 4, infra.



Oral and Written Arguments in the Higher Courts Back




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