(d) Where the expedited procedure referred to in Article 59 is to be applied, when the President fixes a date for the hearing. 2. The preliminary report shall contain recommendations as to whether a preparatory inquiry or any other preparatory step should be undertaken It shall also contain a relief, if any, as to the possible omission of the oral part of the procedure as provided for in Article 53. of these rules. 3. The Court shall decide, what action to take upon the recommendations of the Judge – Rappoteur. Article 40 1. Without prejudice to any special provisions laid down in these Rules, the procedure before the Court shall also include an oral part. However, after the pleadings referred to in Article 32 - 39 as the case may be, have been lodged, the Court, acting on the application of a party setting out the reasons for which he wishes to be heard, may decide otherwise. 2. The application shall be submitted within a period of one month from notification to the party of the close of the written procedure. The President may extend that period. CHAPTER II PREPARATORY INQUIRIES AND OTHER PREPARATORY MEASURES Section 1: Measures of inquiry Article 41 1. The Court shall decide the measures of inquiry that it considers appropriate. Before the Court decides on the measures of inquiry the parties shall be heard. 2. Without prejudice to Article 16 of the protocol the following measures of inquiry may be adopted: (a) The personal appearance of the parties; (b) A request for information and production of documents; (c) Oral testimony; (d) The commissioning of an expert's report; (e) An inspection of the place or thing in question. 3. The measures of inquiry that the Court has ordered shall be conducted by the Court itself. The Court and parties shall take part in the measures of inquiry. 4. Evidence may be submitted in rebuttal and previous evidence may be amplified.