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| APJ Humes |
They're tucked inconspicuously near the end
of a lengthy issuance out Wednesday from the 1st District Court of Appeal that
proposes, mostly, minor changes to the court's local rules. But the three
concise paragraphs comprising proposed new Rule 15(b) -- titled "Tentative
Opinions" -- constitute what Division Two Presiding Justice Anthony Kline
describes as a "major transformation," and culminate decades of
debate on an uncommon appellate procedure: the issuance of draft opinions in
advance of oral argument.
The proposed rule would allow appellate panels, "on
occasion and in their sole discretion, to issue tentative opinions in cases
scheduled for oral argument." Were the rule to be formally adopted, it
would mark the first time an entire California appellate district was
officially amenable to the practice.
See:
See:
The Court of Appeal, First Appellate District, is updating its local rules. We encourage those interested to review and comment on the proposed rules before they go into effect this summer. To that end, a copy of the proposed local rules can be found here. We ask that comments be submitted via email by the close of business on April 12, 2019.
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