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How to prepare for oral argument – California Appellate Courts
Oral argument is open to the public, so you do not need special permission to attend. Some courts broadcast oral argument online to allow for viewing of oral arguments remotely and without requiring a viewer to be physically at the court. For live-streaming options of oral arguments, you can visit the California Courts website.

Get the Step-by-Step Guide on How to Prepare for Oral Argument (pdf)

 

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How to prepare for oral argument – California Appellate Courts
Check your legal authorities (published court decisions, constitutions, statutes, court rules or others in your brief) to see if they are outdated. Cases may have been overruled or depublished (which means they may or may not be cited as authority). New laws may be in place.
Notify the court and other parties if you find new laws. If you find out that any authority in your briefs is not valid anymore or if you discover new authorities, then notify the court and other parties in writing as many days before oral argument as possible. This is especially important if you want to talk about the new authorities at oral argument. You only need to provide the legal citations. You cannot write a legal argument or discussion. Remember to include proof of service on opposing counsel, or on other parties if they are self-represented.
Do not focus on visuals. Exhibits and charts are not likely to help you in oral argument because the justices will focus on legal issues not on disputing the facts.
Practice your argument. You can use your outline and practice with others. In court, you may choose to use some of your time to respond to arguments made in the other side’s brief. Read the other side’s brief again and try to think of what he or she will argue. Practice your response. You can also put yourself in the shoes of the Court of Appeal and think about questions they might ask.
Watch an oral argument. If you have time, go to the court before your argument date and watch some oral arguments. Check the court’s website or call the clerk’s office for calendar information to make sure you go on a day when there are oral arguments scheduled. Oral argument is open to the public, so you do not need special permission to attend. Some courts broadcast oral argument online to allow for viewing of oral arguments remotely and without requiring a viewer to be physically at the court. For live-streaming options of oral arguments, you can visit the California Courts website.

Get the Step-by-Step Guide on How to Prepare for Oral Argument (pdf)

 

Was this post helpful?

Let us know if you liked the post.
How to prepare for oral argument – California Appellate Courts
How to prepare for oral argument – California Appellate Courts

 

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How to prepare for oral argument

Steps to PREPARE FOR ORAL ARGUMENT

Review all the information in the appeal. That includes the record on appeal, the arguments both sides made in the briefs, and the important legal authorities.
Do not plan too much to say. Think realistically about how many points you can make in a short amount of time. Remember the justices may also ask you questions during your time for oral argument.
Focus your argument on legal issues. Appeals usually center on one or two crucial issues. So focus on talking about the legal principles that you believe apply to those crucial issues. Do not focus on talking about facts from the trial court case.
Make an outline. Prepare your key talking points in an outline to help you be clear about the most important things you want to say. You can use the outline when you make your oral argument before the justices.
 Check the laws that you referenced in your brief. Make sure the law has not changed. Check your legal authorities (published court decisions, constitutions, statutes, court rules or others in your brief) to see if they are outdated. Cases may have been overruled or depublished (which means they may or may not be cited as authority). New laws may be in place.
Notify the court and other parties if you find new laws. If you find out that any authority in your briefs is not valid anymore or if you discover new authorities, then notify the court and other parties in writing as many days before oral argument as possible.
Oral Argument - California Appellate Courts
If you want to make an oral argument, the only way to guarantee you have the opportunity is to respond by the deadline in the court’s notice and go to the court on the day of oral argument for your case. There are no exceptions and no extensions for more time. After the time for oral argument passes, the court moves on to make a decision on your appeal.
 
 Can I talk about what’s in my brief or not? Yes, you can talk about things that are in your brief. But you should not read directly from the brief. Instead you should tell the justices what you think is the most important part of the appeal. You can explain more about what you want them to think about most in your brief. It is a mistake to spend the short time you have for oral argument saying the exact same thing that the justices have already read in your brief.
 
 Will it affect the court’s decision if I get nervous or I can’t answer all the questions? Many people feel nervous before and during oral argument. Keep in mind that the Court of Appeal justices hear oral arguments all the time. The justices understand that making an oral argument can be difficult and that some people are more comfortable speaking in court than others.
You should know that the justices will be very prepared for your oral argument. Before you speak, the justices will have reviewed the record on appeal and read all the briefs. Even though they may ask you questions, the justices understand that you may not have all the answers.
Just do your best in oral argument. Remember that oral argument is one small part of the whole appeal process. So while it can help your case, it is not the most important of an appeal.
 
 What does my lawyer do in oral argument? If you have a lawyer, then the lawyer will present your oral argument. You can go to court for oral argument but you are not required to go if you are represented by a lawyer.
 
 Can I get a transcript of what was said in the oral argument for my case? All oral arguments in the Court of Appeal are electronically recorded. Any party may pay a fee to get a copy of the oral argument recording from the Court of Appeal.
Oral Argument - California Appellate Courts
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.
Here’s a step-by-step guide on HOW TO PREPARE for oral argument.
What to talk about
Here are some general rules about what an appellant or respondent should and should not discuss in oral argument. 
DO:

focus on the legal issues in the appeal
explain arguments you made in your brief
talk about legal issues that are in your brief
clarify issues you talked about in your brief
talk about legal issues or argument in the other party’s brief
talk about new legal authorities such as a new case or change to a law (you or the other side must notify the court of new legal authorities before oral argument)
tell the justices what you think is most important in your appeal
ask the justices if they have questions for you

DO NOT:

talk about new evidence
introduce new legal issues or new arguments that are not in any of the briefs
read your brief out loud
repeat what’s in your brief word-for-word
repeat or argue the facts of the case

How much time to talk
The court sends notice in advance to each party who is participating in oral argument. The notice says how much time the party will have to talk. Generally each party has between 15 and 30 minutes to talk in oral argument. Keep in mind this also includes questions from the justices.
If a party has a lawyer, then the lawyer will talk in oral argument.  
What to expect from the justices
The Court of Appeal justices do many of the same things the parties do to prepare for oral argument. The justices fully review the record on appeal, so they know what happened in the trial court.
Oral argument in civil appeals | California Courts | Self Help Guide
In some juvenile appeals, you may have to serve and file a request for oral argument (if you want it). For example, if you are appealing the termination of your parental rights, you must request oral argument and file the request within 15 days after your reply brief is filed or is due.

How to prepare for oral argument

Make sure the laws support your case are up to date
Check the laws that you referred to in your brief and make sure the law has not changed. It is important to make sure that your authorities (published court decisions, constitutions, statutes, court rules or other legal authorities you cited in your brief to support what you say is the law) are not outdated. Cases may have been overruled or depublished (which means they cannot be cited as authority). New laws may be in place.
If you find out that any authority that you cited in your briefs is not valid anymore or if you discover new authorities, then notify the court and other parties in writing before the oral argument. This is especially important if you want to cite the new authorities at oral argument.

Review the record, briefs, and authorities you need
Review the record, the arguments both sides made, and the key authorities because the court may ask you questions about anything.

Make an outline of key points
Prepare your key points in an outline to help you be clear about the points you want to make.

Practice your argument
Practice your argument with interruptions. You may want to use your outline and practice with others.
In court, you may choose to use some of your time to respond to the other side's argument. Reread the other side's brief and try to think of what they will argue. Practice your response.
You should also put yourself in the shoes of the appellate court and think of questions that they might ask. You can look back to your outline to make sure you cover all of your important points since you will not get extra time, even if the judges or justices take up a lot of your time with questions.

Watch some arguments
Try to come to the court and observe oral argument before your argument date.
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Oral Argument - California Appellate Courts
The notice says how much time the party will have to talk. Generally each party has between 15 and 30 minutes to talk in oral argument. Keep in mind this also includes questions from the justices.
If a party has a lawyer, then the lawyer will talk in oral argument.  
What to expect from the justices
The Court of Appeal justices do many of the same things the parties do to prepare for oral argument. The justices fully review the record on appeal, so they know what happened in the trial court. The justices also read all the briefs and research the legal authorities, so they know about the legal issues in the appeal. During oral argument the justices will listen to the parties and they may ask questions.
The Day of Oral Argument

The court has rules about oral argument and the parties are expected to follow the rules.
Here’s a step-by-step guide on WHAT TO DO THE DAY OF ORAL ARGUMENT.
Here are some keys to making a successful oral argument:
BE PREPARED

Bring an outline of your key points and look at it when you need to.
Be sure you have reviewed all the briefs, the legal arguments, the record on appeal, and the important legal authorities.

BE CLEAR

Speak slowly and clearly.
Focus on the most important things you want the court to know.

BE FLEXIBLE

Remember the justices can interrupt you and ask you anything.
It’s okay if you have to stop what you are saying and answer their question.

BE RESPECTFUL

Talk to the justices and other parties in a calm voice, and do not interrupt.
Even if you get frustrated or upset, try to control your emotions.

Recording of Oral Arguments
All oral arguments in the Court of Appeal are electronically recorded. Any party may pay a fee to get a copy of their oral argument recording from the court. If a party wants a written transcript of the recording, they will need to contact a transcription service.
What happens next? After oral arguments are made or waived, the Court of Appeal makes a decision.
Helpful Links
Learn more about oral argument from the California Courts
Listen to oral arguments made before the Supreme Court of California
Get a step-by-step guide on how to prepare for oral argument
Oral Argument - California Appellate Courts
What does my lawyer do in oral argument? If you have a lawyer, then the lawyer will present your oral argument. You can go to court for oral argument but you are not required to go if you are represented by a lawyer.
 
 Can I get a transcript of what was said in the oral argument for my case? All oral arguments in the Court of Appeal are electronically recorded. Any party may pay a fee to get a copy of the oral argument recording from the Court of Appeal. If you want a written transcript of the recording, you will need to contact a transcription service and pay them a separate fee.
 
 What does the court think if I do not make an oral argument? If you decide not to make an oral argument, the court will not think that you are not interested or that you don’t care about the appeal. You do not give up or weaken any arguments in your brief. The court will not think differently or badly about you or your arguments. If you do not make an oral argument, it will not negatively impact the way the court decides an appeal.
 
 How will the court decide if there are no oral arguments? If all the parties waive oral argument – meaning no parties talk to the justices in person – then the Court of Appeal will decide your appeal based on the briefs, the law, and the record on appeal.
 
 What does it mean if the court sends me a notice saying they don’t need oral argument? Sometimes the Court of Appeal will send notice to the parties saying the court is prepared to issue a decision without oral argument. This is not a sign that the court will decide either for or against the appeal.
Even though the court says oral argument is not necessary, you can still request oral argument. You would need to give the court notice in writing and tell them you want to make an oral argument. As long as you meet the deadline in the court’s notice about oral argument, the court will almost always schedule time for your oral argument.
 
 Where can I get legal help? Form APP-001 has full instructions on appeal procedures.
Each Court of Appeal has self-help resources online. You can also contact your local Court of Appeal to see if they have a self-help center at the court.