323. A judge who, after taking a case under advisement, notes that a rule of law or a principle material to the outcome of the case was not debated during the trial must give the parties an opportunity to make submissions in the manner the judge considers most appropriate.
Alternatively, the trial may be ordered reopened on the judge’s own initiative. Such a decision must give reasons and state how the reopened trial is to be conducted. The court clerk must send the decision without delay to the chief justice or chief judge and to the parties’ lawyers.