Once an oral argument hearing has already been held, may the presiding judge still send the case to the oral argument preparation procedure?
General information · Not legal advice
Material to check
In a practice file we read the minutes of the oral argument hearing to confirm that a hearing has been held, any paper in which a party sets out the circumstances of the case, and the list of claims and evidence each side has filed, since the preparation procedure exists to organise them.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: where special circumstances are present, the presiding judge may, even after having held an oral argument hearing, refer the case to the oral argument preparation procedure, so an earlier hearing does not close the door on that procedure.
Another reading stresses what the provision does not say: it sets no test for what counts as 'special circumstances' and states no consequence for the hearing already held, so the file must show what circumstances were before the presiding judge, and the referral then serves to organise the parties' claims and evidence so that argument is heard efficiently and in a concentrated way.
Your judgment
What in the record could show the circumstances that made an earlier hearing insufficient and a referral to the preparation procedure appropriate?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to define or remove the requirement of special circumstances, or if a court decision explains when a case may be referred to the preparation procedure after a hearing has been held.