Code of Organization and Civil Procedure (Cap. 12), article 207

207. (1) Save for the provisions of sub-articles (5) and (7), all proceedings before an appellate c ourt shall be conducted in wri ting. (2) Written pleadings shall be deemed closed as provided in the provisions of article 146. (3) When a reply for an appeal raises issues about the nullity or validity of the appeal or mentions facts or points of law which were not raised by the appellant in the appeal application, the appellan t may within thirty (30) days from being notified of the reply, by wa y of application, request the court to authorise him to file a rejoi nder to address only those points which w e r e r a is e d f or th e f ir s t ti me in the reply to the appeal application. The court shall, if it conside rs it reasonable and expedient in the c ircumstances, grant leave to t he appellant to file his rejoinder within a period, which shall no t exceed thirty (30) days from when the appellant’s lawyer is given writ ten notice of the decree. (4) Upon the closing of written pleadings and payment of security for costs related to the appeal, the court shall proce ed to judgment on a date and time it sets for this scope. (5) Notwithstanding the provisions of sub-article (4), the cour t may set a sitting for hearing of the cause, if it deems fit to hear evidence or oral submissions from the parties. (6) Security for costs related t o appeals shall be produced and deposited as provided in article 249, and in case of default, t he court may declare the appeal as abandoned. (7) Notwithstanding the provisions of sub-articles (1) to (6) a ll causes before the Constitutional Court and all causes before th e Court of Appeal where no oral hearing took place at first instance, s hall be appointed for an oral hearing. (8) The oral hearing sha ll be conducted as follows: (a) when the appeal is entered by the plaintiff only, or by both parties, the order of hearing of the cause shall be the same as provided in article 204(1); (b) when the appeal is entered by the defendant only, he shall commence by briefly stating the grounds of complaint and praying that the judgment appealed from be reversed or varied, and the order of hearing of the cause shall then be as provided in article 204(1). 72 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Production of witnesses before appellate court. Amended by: IX.1886.32; XV .1913.65; XXXI.1934.35; XXII.2005.36.