8.11 Closure of oral proceedings
If possible, oral proceedings should not last more than eight working hours. However, they may be extended slightly if an imminent conclusion seems likely. If not, the chair terminates the discussions for that day at an appropriate point to allow time for possible arrangement of a new date. Continuing oral proceedings on a day other than the one set out in the summons requires a new summons with a notice period of at least two months according to Rule 115(1) to be issued unless all parties 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. A new final date for making submissions is not fixed under Rule 116 in the new summons if the subject of the proceedings has not changed (see E‑VI, 2.2.2). Otherwise, a new date is fixed under Rule 116 and at least two months' notice is given under Rule 115 unless the parties agree to a shorter period. The minutes of the oral proceedings which took place are to be issued in advance of the upcoming oral proceedings, preferably no later than when the new summons is issued.
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 a new summons. The respective statements of the parties must also be recorded in the minutes.