Monday, October 22, 2018

Some Thoughts about Oral Argument

The Summer/Fall 2018 ABTL-Los Angeles newsletter contains an article by H&L's David Axelrad titled Some Thoughts About Oral Argument in the California Court of Appeal. Here are some tidbits:
  • "only 14 states give parties to an appeal a right to oral argument. In all other states and in the federal system, the appellate courts have authority to dispense with oral argument"
  • The effectiveness and value of oral argument in California could be improved if the courts would expand or limit oral argument as befits the given case.
  • Effectiveness also increases when courts provide a preview of the court's thinking via a focus letter or tentative opinion.
  • Oral argument is valuable and "can and does change minds about the proper outcome of an appeal."