Can I motion the California Court of appeal to deny Respondent's request for Oral Arguments, after Respondent had declined?

Lawsuits And Disputes 3 views 3 answers
Court of appeal sent out a letter asking if parties were requesting oral arguments. Respondent filled out the form and served it, saying no. I, the appellant, filled out the form saying yes. 20 days later the clerk of the court emailed parties asking if they wanted to calendar oral arguments, this is despite the Respondent saying no. Then Respondent changed his mind and said yes. I'd like to protest. How can this be fair, when the court is showing favoritism to one party and letting them a second bite at the apel? Is there a procedure? the clerk said all I can do is write a letter to the court protesting but that is about it.

Attorney Answers

3
Gayle Gutekunst ·
There is more than likely no justice from the court of appeal who is driving this. This is automatically done by the clerks. So there is no "favoritism" being shown. Here is how this works: both parties are permitted to have oral argument. If both parties say no, there will be no oral argument. If only one party says yes, then oral arguments will happen even if the other party doesn't want one. If you wanted oral argument in the first place, what do you care that the Respondent now is agreeing with you? You're ultimately getting what you want: to argue in front of the court. If you are so contentious about something this small, I wonder whether you will have the detachment necessary to engage in productive participation in your appeal. I certainly hope that you are not doing this yourself.
0 upvotes
Dabney Finch ·
The way the Court of Appeal sees this, is about fairness to both parties. So, the most fair thing is for both sides to argue, or both sides not to argue. What you are protesting is essentially that you thought you had gained an advantage over your opponent and that's been lost. I doubt very much that will fly at the Court of Appeal! I recommend you contact opposing counsel and offer to stipulate you both waive argument.
0 upvotes
Christine Esser ·
There is no point in wasting your energy on protesting this. Use your energy to focus on and win your case by preparing extensively for oral argument. Review the record and your main arguments and be prepared to answer questions. .
0 upvotes

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