Thursday, October 24, 2013

Oral tentatives? We Love It!

For about two years now, 2/8 has been using an oral tentative process. Details about this procedure were discussed at this month's October meeting of LACBA's Appellate Courts Section. In short, just before lawyers argue most appeals, the justices will read a short summary of the court's tentative decision. Oral tentatives will not be read in cases involving an pro per or when the justices have divergent views. The justices of Division 8 believe that this process helps the court ensure correct rulings and focuses oral argument. How do lawyers feel about it? Well, as our local poet laureate put it:

From the South Bay to the Valley
From the West Side to the East Side
Everybody's very happy
Century Boulevard (We love it!)
Victory Boulevard (We love it!)
Santa Monica Boulevard (We love it!)
300 South Spring Street (We love it!)
Oral Tentatives (We love it, we love it!)

And this update just in: Lawyer Larry Yang reports that at oral argument today in Div. 8, the court announced a new and improved tentative process! The clerk gives lawyers a written tentative when they check in (which may be read and then returned to the clerk). This is a gggggggrrrrrrrreat idea (and one floated at the LACBA ACS program), because it gives the lawyers a bit more time to prepare their remarks to respond to the tentative. Kudos, Division 8! What more can be said? We love it!