8.11 Closure of oral proceedings
8.11.2 Adjournment of oral proceedings due to lack of time
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 ends 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 in accordance with Rule 115(1) unless all parties agree to a shorter period. See E‑III, 6 for the general practice to be followed when 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 mention the points that have already been settled or to provide a provisional opinion on the points that are still outstanding. 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), the parties must waive their right to receive it and their statements on this must also be recorded in the minutes.