5852Written cases—when used

5852 Written cases—when used (1) If all the parties to an appeal indicate, in accordance with this chapter, that they want to present their cases in writing, the appeal may be dealt with by written cases. (2) If any of the parties to an appeal does not indicate, in accordance with this chapter, that the party wants to present his or her case in writing, the appeal must be dealt with by oral hearing. (3) Subrule (2) is subject to rule 5534 (2) (Appeals to Court of Appeal— written case and presence if convicted person appellant). Note Rule 5534 (2) provides that a convicted person who is the applicant or appellant may present the person’s case to the Court of Appeal in writing if the person wants to, whether or not the respondent director of public prosecutions presents his or her case in writing. (4) This rule does not prevent the Court of Appeal or Supreme Court requiring the parties or a party to present oral argument.