Overall, the market is quite weak right now, with a lack of
oral supplements full - stop, but that's because the market is young.
In deciding whether to exercise these powers, the judge is to assess whether he or she can achieve the
full appreciation of the evidence and issues that is required to make dispositive findings on the basis of the motion record — as may be
supplemented by
oral evidence under rule 20.04 (2.2)-- or if the attributes and advantages of the trial process require that these powers only be exercised at a trial.
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