Wednesday, October 25, 2006

Request for oral argument

I just got this from the appellate court:
The court has reviewed the records and briefs in the above-entitled case. If oral argument is desired by any party, a written request for oral argument must be filed with the clerk of the court and a copy thereof served upon all other interested parties, within ten days from the date of this notice. A "Request for Oral Argument" form is provided for your convenience. The case will then be placed upon the calendar of this court for oral argument.

If no requestfor oral argument is received within the indicated ten-day period, it will be deemed that oral argument has been waived and the matter may be submitted (Cal. Rules of Court, rule 23(d)(1)). Upon acceptance of such waiver, the court will then proceed to decide the case without oral argument or the necessity of appearance on the part of counsel.

In order to avoid unnecessary expenditure of court time in the determination of this appeal, counsel are requested to advise the court immediately if settlement negotiations are in progress or if any other action will be taken which might result in the request for dismissal of the appeal.

Where the parties deem it necessary, each party may file with the Superior Court Clerk a further notice specifying the original exhibits deemed necessary to have transmitted to this Court (Cal. Rules of Court, rule 18(d)).

Michael J. Yerly, Clerk


INSTRUCTIONS: Please complete this form, indicating whether or not you request oral argument, and return it with proof of service on opposing counsel to the Clerk's Office within 10 days. Counsel may elect to present oral argument either by personal appearance or by telephone conference call. If opposing counsel requests oral argument and you fail to respond, the court will assume you will appear personally for oral argument. All oral argument is recorded. Check the appropriate lines below.
Do you get the impression that they don't really want to hear an oral argument? And that they certainly don't want non lawyers?

I sent in the request for oral argument today. I put in my own name in the blank after: "Name of counsel presenting oral argument".

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