Oral arguments and memorandum of arguments
AI Assist
Summary
A party may make concise oral arguments after close of their evidence and may, before ending those oral submissions, file a short written memorandum of their arguments. Every memorandum becomes part of the record and a copy must be given at the same time to the opposite party. The Court will not adjourn merely to allow filing written arguments unless it records reasons, and it can regulate arguments that are not concise or relevant.
Example
Priya has closed her evidence in a trial, gives brief oral arguments, and before ending her submissions hands a two-page memorandum to the Court. The memorandum is made part of the record and a copy is given at the same time to the opposite party; when she asks for extra time to file fuller written arguments the Court refuses because it records reasons and finds no need to adjourn.
Bare Act
Enacted text(1) Any party to a proceeding may, as soon as may be after the close of his evidence, address concise oral arguments, and may, before he concludes the oral arguments, if any, submit a memorandum to the Court setting forth concisely and under distinct headings, the arguments in support of his case and every such memorandum shall form part of the record.
(2) A copy of every such memorandum shall be simultaneously furnished to the opposite party.
(3) No adjournment of the proceedings shall be granted for the purpose of filing the written arguments unless the Court, for reasons to be recorded in writing, considers it necessary to grant such adjournment.
(4) The Court may, if it is of opinion that the oral arguments are not concise or relevant, regulate such arguments.
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