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Report No. 99

4.2. Replies to the questionnaire.-

The replies received in the Commission on the questionnaire issued by it do not favour any proposal to eliminate oral arguments totally. This reluctance to dispense with oral arguments totally is, if we may say so, in line with the trend of opinion expressed on the allied question whether oral arguments could be limited in point of time and replaced in part by written arguments.1 We have taken due note of this state of opinion and are not recommending the total elimination of oral arguments as such. However, before stating our precise recommendation on the subject, it is desirable to deal in brief with one or two aspects of the matter that need express mention.

1. Chapters 2-3, supra, particularly paras. 2.10 and 2.11.

Oral and Written Arguments in the Higher Courts Back

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