-- Last revised 4/18/07 --
Oral Argument in Civil Procedure
Pursuant to Resolution Chapter 1 of the Statutes of 2006, the Commission has made a comprehensive review of the Code of Civil Procedure and applicable case law to determine whether it would be desirable statutorily to clarify the circumstances in which parties are entitled to oral argument. The Commission has concluded that a statutory restatement of the law would be counterproductive. Experience indicates that court decisions on when to allow oral argument are generally satisfactory. In addition, codification itself may cause problems, both in the interpretation and application of new standards and by creating a negative implication as to hearings not specifically mentioned.
If you have questions or comments on this study, send
email to Nathaniel Sterling at sterling@clrc.ca.gov.
Related Material
- Final Recommendation
- Tentative Recommendation
- Commission Decisions (Meeting Minutes)
- Staff Memoranda
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Tentative Recommendations and Other Requests for Comment
- Tentative Rec. -- Oral Argument in Civil Procedure (June 2005) -- Comments Due: 8/31/2005
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Meeting Minutes
- June 22-23, 2006 Meeting in Sacramento
- April 27, 2006 Meeting in Sacramento
- September 30, 2005 Meeting in Burbank
- January 21, 2005 Meeting in Sacramento
- November 19, 2004 Meeting in Burbank
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Staff Memoranda
- Memo 2006-15 -- Oral Argument in Civil Procedure (Draft of Report) (4/3/2006)
- Memo 2005-34 -- Oral Argument in Civil Procedure (Comments on Tentative Recommendation) (9/16/2005)
- Memo 2005-5 -- Oral Argument in Civil Procedure: Discussion of Issues (12/20/2004)
- Memo 2004-53 -- Oral Argument in Civil Procedure (Discussion of Issues) (11/4/2004)
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