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You may announce the decision from the bench at the conclusion of the hearing or take the case under submission. The method used is mostly a matter of personal preference.
If you announce the decision, make sure your announcement is clear and that it is understood by the parties. You might consider making a brief statement of the reasons for the decision or its legal bases. Advise the parties that they may ask questions only about features of the judgment that are unclear.
Although announcing a decision in open court may minimize delay and allow parties to ask questions, this approach has its pitfalls in contested matters:
- The parties may be upset by the announced decision and, after leaving court, argue in the hallway, which can create security and safety issues.
- On hearing your decision, one or both parties may want to reargue the case, which can disrupt the progress of the court’s calendar.
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Taking the case under submission may also be appropriate when:
- Further research or review of evidence is needed, or
- The terms of the judgment need to be carefully drafted or computed.
If you take the case under submission, make the decision the same day as the hearing or as soon as possible thereafter. Any significant delay will make it hard to remember what transpired at the hearing.
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