Oh, now you tell me!

Courts do not like being ambushed at oral argument with new information. Today's lesson appears in footnote 1, here, relating how appellant's counsel made a "surprise assertion" at oral argument about something that happened six months before argument, yet "counsel admittedly chose not to inform the court thereof until his eventual appearance at oral argument." Thus, ...

An appellant who believes a new development has potentially affected the merits or status of his or her appeal, and who intends to rely on the same in some fashion, should promptly notify this court. This preserves an orderly and fair review process and allows time to potentially consider new issues if appropriate. Here, it appears plaintiff’s counsel waited until the last moment, i.e., oral argument, to divulge the supposedly important new information. Accordingly, we disregard the new matter asserted by plaintiff’s counsel at oral argument as untimely and inadequately raised. 

Monday's DJ featured writ-guru Pablo Drobny in A Compelling Writ Petition, presenting some fundamental truths about getting writ relief.

Poker lesson from 2/8 here: A royal flush is not a full house.