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Chapter Law Content

Chapter II. General Procedural Provisions
Section 4 Oral Argument
Article 24
(Consolidation and Division of Proceedings)
The Constitutional Court may consolidate multiple petitions into a joint case and render a single decision for all the consolidated petitions. Notwithstanding, the Constitutional Court must consolidate all the cases having been ruled as admissible into a joint case if the underlying petitions concern the same impugned laws or disputes.
The Constitutional Court may divide multiple claims brought forward in a petition and hear or decide each claim separately.
Article 25
(Types of Cases Requiring Oral Argument)
The cases referred to in Chapters 5 and 6 shall be decided after oral argument.
Judgments may be rendered without oral argument in cases other than those referred to in the preceding Paragraph.
Article 26
(Principle of Immediacy)
In an oral argument session there must be at least two-thirds of the total number of incumbent Justice present. Justices not present in the oral argument session may not participate in the deliberation on and the making of decision.
The Constitutional Court must pronounce its decision within three months after the closing of oral argument. The time limit for pronouncement may be extended by two months when necessary.
Article 27
(Open Court)
Oral arguments shall be held in open court sessions and be broadcast by appropriate methods. In cases where an oral argument may have negative effect on national security, public order or good morals, or may cause serious damage to an individual's life, body, privacy or trade secret, it may be held in private and not be broadcast.
The Judicial Yuan shall make the rules governing public attendance in oral argument sessions of the Constitutional Court, the audio and video recordings of oral arguments, and their use and storage.
Article 28
(Oral Argument Summons and the Result of Failure to Appear in Court)
The Constitutional Court shall summon the parties, their advocates and interested persons, where applicable, to appear in oral argument sessions.
Except otherwise provided in this Act, the Constitutional court may render judgment, regardless, if the advocate or the unrepresented party as permitted by Article 8 fails to appear in court without a good reason.
Article 29
(Transcripts of Oral Arguments)
The Constitutional Court shall produce oral argument transcripts.
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