8.11.2 Adjournment of oral proceedings due to lack of time

Continuing oral proceedings on a day other than the one set out in the summons requires a new summons according to Rule 115(1) to be issued unless all parties can agree to a shorter period of notice. See E‑III, 6 for the general practice adopted for setting the date of oral proceedings. The explicit agreement of all parties is necessary and must be recorded in the minutes.

The new summons must indicate the points that still need to be discussed during the upcoming oral proceedings (Rule 116(1)). It is at the discretion of the division whether to indicate the points that are closed or to provide a provisional opinion on the points that are still open.

If the agreed date is too close for the parties to be able to receive the new summons in time (e.g. the next day or a day in the same week), it is necessary that the parties waive their right to receive new summons. The respective statements of the parties must also be recorded in the minutes.