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The Defendants attorney has requested 5 minutes of argument time about my appeal case. Do I get a transcript of this session?

Santa Ana, CA |
Filed under: Lawsuits and disputes

I am the appellate in a civil case . I wrote my opening brief , the respondents submitted their brief and I wrote an appellate reply brief . The Defendants are now requesting this 5 minutes of argument time . I live in Massachusetts , the trial was in California . I do not have money available to attend this argument if it is granted . Do I get a copy of this so that I can reply to their argument ? Thank you for responding

Attorney Answers 2


No. Oral argument to an appellate court is voluntary for the parties unless requested by the court. That hardly ever happens. In fact, the courts often encourage parties to waive oral argument and there is chronic debate within the appellate bar as to whether oral argument has much impact in most cases.

In all events, the court will not hold open the argument stage of the appeal pending transcription of the opposing party's argument, review of that by you, and the submission of a response argument by you. All that is what the briefing was for.

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Thank you Christine for all your help.


Appearing at the oral argument is your opportunity to "reply". Once oral argument takes place the matter will then be taken under submission and a decision made. You do not get an opportunity to reply to the oral argument by submission of a written reply. The defendant's request for oral argument will not be denied. If you can't afford to come here for the oral argument, why not hire an appellate attorney for the limited purpose of appearing at the oral argument.

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