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Report No. 99

Chapter 4

Total Elimination of Oral Arguments

4.1. Views expressed on Q. 23.-

Question 23 in our questionnaire put the query whether some appeals should be disposed of without hearing oral arguments. In the notes accompanying the questionnaire, a practice followed in the Supreme Court of Iowa had been referred to.1 In the Supreme Court of Iowa, in 1973, 66 cases were submitted to the court without oral arguments in 1974, the total number of such cases increased to 128. Even where oral arguments were permitted, counsel were allowed only fifteen minutes on each side, and an additional five minutes for the appellant's rebuttal. This fact was mentioned in the notes, and opinion was solicited as to whether some such practice could be adopted in India also, in appropriate cases.

1. Hon'ble Mare McCormiek Appellate Congestion in Drake Iowa: Dimensions and Remedies, (1975-76), Vol. 25, Iowa Law Review 133.



Oral and Written Arguments in the Higher Courts Back




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