Scribd
Upload
344 views1 page

Rule 49 - Oral Argument

The document summarizes key points about oral arguments from the 1997 Rules on Civil Procedure: 1. The Court of Appeals has discretion to allow or require oral arguments in a case based on its own motion or a party's motion. 2. If allowed, oral arguments are limited to matters specified by the Court of Appeals. 3. Unless authorized by the court, only one counsel may argue for each party. The court dictates the duration, sequence, and other matters related to oral arguments. 4. Motions are not set for hearing and oral arguments are not allowed for motions unless the court directs otherwise. The adverse party has five days to file objections upon which the motion is deemed submitted for

Uploaded by

bubblingbrook
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
344 views1 page

Rule 49 - Oral Argument

The document summarizes key points about oral arguments from the 1997 Rules on Civil Procedure: 1. The Court of Appeals has discretion to allow or require oral arguments in a case based on its own motion or a party's motion. 2. If allowed, oral arguments are limited to matters specified by the Court of Appeals. 3. Unless authorized by the court, only one counsel may argue for each party. The court dictates the duration, sequence, and other matters related to oral arguments. 4. Motions are not set for hearing and oral arguments are not allowed for motions unless the court directs otherwise. The adverse party has five days to file objections upon which the motion is deemed submitted for

Uploaded by

bubblingbrook
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 1

1997 Rules on Civil Procedure 2001 Edition <draft copy. pls.

check for errors> Rule 49 ORAL ARGUMENT The CA may or may not require oral argument. Just read that.

Rule 49 Oral Arguments

ect!o" #. When allowed. At !ts o$" !"sta"ce or upo" %ot!o" of a party& the court %ay hear the part!es !" oral ar'u%e"t o" the %er!ts of a case& or o" a"y %ater!al !"c!de"t !" co""ect!o" there$!th. (") The oral ar'u%e"t shall *e l!%!ted to such %atters as the court %ay spec!fy !" !ts order or resolut!o". (#a& R4+) ec. ,. Conduct of oral argument. U"less author!-ed *y the court& o"ly o"e cou"sel %ay ar'ue for a party. The durat!o" allo$ed for each party& the se.ue"ce of the ar'u%e"tat!o"& a"d all other related %atters shall *e as d!rected *y the court. (") ec. /. No hearing or oral argument for motions. Mot!o"s shall "ot *e set for hear!"' a"d& u"less the court other$!se d!rects& "o hear!"' or oral ar'u%e"t shall *e allo$ed !" support thereof. The ad0erse party %ay f!le o*1ect!o"s to the %ot!o" $!th!" f!0e (2) days fro% ser0!ce& upo" the e3p!rat!o" of $h!ch such %ot!o" shall *e dee%ed su*%!tted for resolut!o". (,a& R49) How are cases decided in the CA? Normally, you file your petition; su mit argument in writing; then you wait for the decision. !ut sometimes, the CA is pro"o#ed y legal issues. $o the CA would decide to listen to oral arguments of the parties, especially when the case is contro"ersial. %nder $ection &, one difference etween motions filed in the 'TC and in the CA is that( a.) in the 'TC, there must e notice of hearing *'ule +,) attached to the motion, otherwise it will e denied; .) in the CA, there is no need for notice of hearing to e attached to the motion. -o.o-

Lakas Ate"!sta
Ate"eo de 4a0ao U"!0ers!ty 5olle'e of La$

116

You might also like