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Oral Argument - California Appellate Courts
If a party has a lawyer, then the lawyer will present the oral argument. A party is not required to go to court for oral argument if he or she is represented by a lawyer.

Many appeals do not have oral argument because all parties waive (give up) oral argument. When there is no oral argument, the Court of Appeal justices decide an appeal based on the briefs and the record on appeal.

Oral argument does not slow down or speed up the appeal process. So the court will not make a decision faster if there is no oral argument, and the court will not take longer to make a decision if there is oral argument.

Making an oral argument may or may not help a party’s side of the appeal. There is no way to know in advance.

If the appellant decides not to make an oral argument, then the respondent usually does not make an oral argument. This is because the law favors the respondent in an appeal.

It does not happen often, but in some cases the Court of Appeal will require a party to participate in oral argument. The court may do this if it has specific questions to ask a party.

Telling the Court if You Will Make an Oral Argument

The Court of Appeal permits oral argument in every appeal case. But the court will only schedule time for oral argument if it receives notice from any parties who want to participate.
When to tell the court
When a party receives notice about oral argument from the Court of Appeal, they must respond by the deadline in the notice.
How to tell the court
To say YES and make an oral argument, a party must tell the Court of Appeal by the deadline given in the court’s notice. The party must tell the court in writing.
To say NO and not make an oral argument, a party can simply do nothing. If the court does not receive a response, it will assume the party is waiving oral argument.
Preparing for Oral Argument

During oral argument there is a short amount of time to talk to the Court of Appeal justices and answer questions, so it’s important to be prepared.
Before oral argument a party should spend time getting ready. This includes reviewing the record on appeal, all the briefs, and the most important legal authorities.
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Be sure to access our self-help section on the website for 24/7 access to EBSCO eNolo Books.Wildfire & Power Outage ResourcesWildfire Helping Handbook (PDF)Prepare for Power Outage (PDF)SBA Disaster Loans InformationCalFire IncidentsCalFire Home Page and Safety TipsEBSCOThis Legal Information Reference Center contains hundreds of full-text publications and thousands of legal forms. The full-text legal reference books are provided through Nolo, the nation's oldest and most-respected provider of legal information for consumers and small businesses. For more information and instructions for accessing the database, visit our Nolo eBooks page.FacilitiesThree Public ComputersInternet AccessWord ProcessingTypewriterPrinterCopies (20¢ per page)Scan and Email PDF File (Flat fee of $2.00 plus 20¢ per page)Study AreasIn Memoriam of Stephen EliasSteve and his wife Catherine spent their whole adult lives improving their communities by promoting social justice. A long-time writer of Nolo Press books, Steve helped laypeople understand legal issues in plain English; he also did mediation as his specialty was Bankruptcy and Foreclosure.He performed many services for our community. Among those was a valued member of the Board of Trustees of the Lake County Law Library for several years, advocating for self-represented patrons as well as members of the Bar. He has helped us bring the Law Library into the 21st Century. He is missed by many.CALDA.org video tributeFeedbackThe Lake County Law Library is here for you, to help you find the answers to legal questions. While we cannot give legal advice, we can help direct you to the resources to find an answer. We welcome feedback and want to hear of any suggestions for acquisitions to our collection or better ways to serve you.COVID-19 NoticeDue to the current novel Coronavirus/COVID-19 situation, all patrons entering the Lake County Law Library, until further notice, are agreeing to the following:Should you have any symptoms of the disease, you will not enter.Patrons will have face coverings on (covering nose and mouth) at all times.
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Oral Argument - California Appellate Courts
Oral Argument - California Appellate Courts
 
Oral Argument 
8. Oral Argument
Oral argument is the last step in the appeal process before the Court of Appeal makes a decision.
During oral argument, all parties who filed a brief are offered a limited amount of time to speak directly to the Court of Appeal justices before they decide the appeal.
Oral argument is an opportunity for the parties to make sure the court understands the most important issues of an appeal. The parties can explain the arguments in their briefs and answer questions from the justices.
Here’s an overview of what to expect in this step of the appeal process and how to prepare an oral argument.
You can also review these step-by-step guides on how to prepare for oral argument and what to do the day of oral argument.
Who Can Make an Oral Argument

Any party – appellant or respondent – who filed a brief that was accepted by the Court of Appeal is eligible to make an oral argument.
If the respondent did not file a brief, then he or she cannot make an oral argument. 
Timeline of Oral Argument
After all the briefs are filed or the time to file them has passed, the Court of Appeal contacts each eligible party in the case about oral argument.
The Court of Appeal sends notice to ask the parties if they want to participate in oral argument. Sometimes the notice includes a date for oral argument and sometimes it does not.
When the court sends notice, each party must tell the court if they want to make an oral argument. A party must respond to the court in writing by the deadline given in the notice. If any party requests oral argument, then the court will have oral argument for the case.
The court will send all parties at least 20 days advance notice including the date, time, and location of oral argument.
Cost of Presenting an Oral Argument
There is no additional court cost to make an oral argument. 
Deciding Whether to Make an Oral Argument
In most cases oral argument is optional, and it is a small part of an appeal.
In some cases oral argument can be helpful, but it is less important in the court’s decision than the briefs or the record on appeal.
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Oral argument in civil appeals | California Courts | Self Help Guide
Oral argument is not a time to restate the facts of the case or repeat parts of the brief.
The judges know what you said in your brief. Oral argument is the time to make sure that the court understands the key issues of the case by highlighting what you think is most important in your case or asking the judges if they have any questions you could answer.
If your case is in the appellate division of the superior court, you will have up to 10 minutes to present your argument (unless the court gives you more or less time). If your case is in the Court of Appeal, you will have up to 30 minutes to present your argument (unless the court gives you more or less time).
You do not have to participate in oral argument if you do not want to. You can let the appellate court know that you want to give up (waive) oral argument. 
For more information on oral argument in the appellate division (limited civil appeals), read rule 8.885 of the California Rules of Court.
For more information on oral argument in the Court of Appeal (unlimited civil appeals), read rule 8.256 of the California Rules of Court.
Decide if you want to have oral argument
When you are deciding whether to participate in oral argument, remember that the judges will have already read the briefs, so it is not necessary to read your brief to the judges. If everything you want to argue is in the brief, then you should think about not participating in (waiving) oral argument.
If you want to orally argue, be prepared and flexible — the judges may interrupt you (and the other side) to ask questions about your case and the laws and other cases that you cited or should have cited in your brief.
The fact that you orally argue a case does not affect how long it takes to get your decision. It will not delay your case. If only one side waives oral argument, the appellate court will hold oral argument with the other side. If everyone waives oral argument, the judges will consider your appeal based on the briefs and the record that were submitted.
Tell the court whether you want oral argument
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Petition for Review – California Appellate Courts
Where can I get legal help? You can visit a law library to do legal research.
The California Courts website has a lot of information about lawyers and legal help.
If you need help finding a lawyer, the California Bar Association website can connect you to a lawyer referral service in your area.
 
FORMSDocuments you will need for your case.

 

Additional Filings
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2. Notice of Appeal
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4. Additional Filings
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9. Court Opinion
10. Petition for Rehearing
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