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Report No. 99

3.14. Statement of case-recommendation as to.-

Having regard to all these difficulties, we are not inclined, at least at present, to recommend the introduction of a compulsory requirement of filing written arguments in all cases. At the same time, we think that the device of filing a "statement of case", if properly implemented, should go a long way towards reducing oral arguments in point of time, or at least in canalising oral arguments into proper directions and in focussing attention upon the central issues of direct relevance, which itself will lead to a saving of time.

Our first recommendation, therefore, is that the statement of case/appeal1 properly prepared by counsel and filed in court, should be insisted upon. If counsel consider it necessary, they may be permitted to file written briefs, which naturally would be more elaborate than the statement of case/appeal. It is proper to emphasise that written briefs, when filed, must be of reasonable length, as otherwise the process of reading of the briefs by the judges will be time-consuming. This recommendation is intended to apply to the Supreme Court. It can also apply to High Courts in regard to:-

(a) first appeals,

(b) capital cases, and

(c) other complex cases.

1. Law Commission Collection No. 21/28 to 21/32; see para. 2.7, supra.

Oral and Written Arguments in the Higher Courts Back

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