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California Law Revision Commission

-- Last revised 4/18/07 --

Oral Argument in Civil Procedure - Study J-103

    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.

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