What
if oral submissions to court were the exception rather than the rule?
Not exact matches
It was Justice Rand who interrupted
oral submissions by the respondent saying, «
If Albert Einstein and Arthur Rubinstein purchased cottages there, the property values would increase, and the association should be honoured to have them as neighbours.»
Before taking new matters into account based on statistics which have not been considered in the judgment under appeal, the adversarial process requires that the court ensure that the parties are given an opportunity to deal with the new information by making further
submissions,
oral or written, and allowing,
if requested, fresh material in response.
However, during
oral submissions, Justice Groberman asked us bluntly:
if the discretion to reconsider is restrained, as we had argued, is it actually «unfettered».
Family Law Arbitration is a process where a third - party neutral expert receives the facts, the evidence, and the legal argument in advance, as much or as little as you agree to submit; has a unique understanding of the law; and then conducts an
oral hearing to let the parties and / or their counsel make
oral submissions, and cross-examine witnesses,
if they wish.
They informed the Court in witness statements and / or
oral submissions that there was no such defence available because first, the doctrine did not apply in the DIFC and secondly, even
if it did, it had clearly been waived.
At the time that you submit your application the clerk at the Driver's Services Center will actually set the hearing date for the
Oral Review or the
Submission Date
if it is a Written Review.
The reason is quite simple: in an
oral hearing you can submit written materials in advance of the
oral hearing (thus, in effect giving you the benefit of written
submissions if you choose) BUT in a written review hearing you are simply left with written
submissions.
As a final comment, notwithstanding the error noted by the Court of Appeal («In the normal course, someone on the acquisition team would have been assigned responsibility for determining whether financial instruments that gave a lender the right to veto a change - of - control existed and,
if there were, communicating with the lender to ascertain its position»)(see para. 22, FN 18), the Court acknowledged counsel's «excellent»
oral and written
submissions on appeal — even stating that the interests of the parties «could not have been better served».
If a trial judge requires arguments to be made by written
submissions, the trial judge must allow counsel, after written argument has been exchanged, to make
oral arguments in the presence of the accused to supplement, correct, or otherwise amplify the written argument.
The Court noted that credibility issues «almost inevitably arise in antagonistic employer - employee relations» and that the power in the statute to proceed by written
submissions would be «rendered completely meaningless and deprived of Parliament's intended effect»
if oral hearings were required whenever credibility issues arose.
contact the PBCs and NRM organisations by phone, or
if possible by email, to ensure they received the paper and seek their opinion and receive
oral submissions