Showing posts with label oral argument. Show all posts
Showing posts with label oral argument. Show all posts

Thursday, August 6, 2026

Updated LASC App Div Hearing Dates

Updated 2026 Oral Arguments Hearing Dates

The Sept.17 Appellate Division oral argument has been moved to Sept. 24, 2026. Hearings will generally be set at 9 a.m. for infraction and misdemeanor cases and at 1:30 p.m. for limited civil cases in the Appellate Division courtroom, located in Room 615 at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, on the following dates, subject to further order of this court. The revised 2026 schedule is here

Wednesday, May 27, 2026

Who's counting...

Law.com has 101 & Counting: Hogan Lovells’ Jessica Ellsworth Reflects on Oral Argument Milestone -- "The best advice that I have gotten is to advance from thinking of an argument as an opportunity to tell the court why you are right to instead think of it as an opportunity to listen to the court and hear where the court has questions and try to be in more of a listener mode."

The MetNews has Stephen Goorvitch Confirmed as Justice of Court of Appeal

Friday, May 8, 2026

SCOTUS argument observations


SCOTUS Blog's Amy Howe has What I learned attending all those Supreme Court oral arguments this term. Her key takeaways:

1. The bench has gotten hotter.
2. The arguments are often long . . . and there’s no sign of them getting any shorter.
3. The impact of live audio is real – but not in the way the justices had feared.
4. There is no substitute for attending arguments in person (at least without cameras).
5. The high quality of the advocacy at the court
6. Where are the women?
7. Sometimes the lower-profile cases are more enjoyable to watch.

Thursday, April 23, 2026

2d DCA update re remote args

All oral arguments before the Second Appellate District in Los Angeles will be conducted remotely from April 27, 2026, through May 8, 2026 (not May 15 as previously announced). This temporary change is necessary because courtroom facilities will be used for a Commission on Judicial Performance hearing scheduled during that period. Counsel and self-represented parties will receive instructions for remote participation with their calendar notices.

Tuesday, April 7, 2026

CJP hearing means remote args in 2d 4/27 to 5/15

All oral arguments before the Second Appellate District in Los Angeles will be conducted remotely from April 27, 2026, through May 15, 2026. This temporary change is necessary because courtroom facilities will be used for a Commission on Judicial Performance hearing scheduled during that period. Counsel and self-represented parties will receive instructions for remote participation with their calendar notices.

The MetNews explains CJP Hearing on Draper Expected to Last Three Weeks -- "The Commission on Judicial Performance’s hearing on disciplinary charges against Los Angeles Superior Court Judge Robert S. Draper is expected to stretch over three weeks, it was learned yesterday. The commission announced on April 2 that the public hearing would “begin on Monday, April 27, 2026, at 9:00 a.m., at the California Court of Appeal, Second Appellate District"

LACBA's Appellate Courts Section presents Meet the New Justices 2026, May 27 @ 4:30 to 6 p.m. in the Court of Appeal's 3d Floor Conference Room (300 S. Spring St., LA).
The Justices will be Michelle Kim, Anne Richardson, Mark Hanasono, and Armen Tamzarian.

Wednesday, March 25, 2026

Appellate tidbits

Today's DJ has James Wagstaffe's article The High Court is upending decades of settled law -- The Supreme Court is increasingly willing to hear cases that overturn long-established precedents, reshaping constitutional and legal norms with little warning.

At bottom, therefore, we are living in an age where courts often take up cases aimed at reversing decades or more of established law when in earlier times it would simply be unthinkable even to hear such a challenge.

Bloomberg Law has Judicial Conduct Panel Denies Newman’s Reinstatement Bid -- A panel of seven appellate and district court judges rejected Judge Pauline Newman’s effort to regain her position on the Federal Circuit, where the 98-year-old jurist was suspended by her colleagues.

The judge has been fighting her suspension on two tracks. Administratively, the conference’s Committee on Judicial Conduct and Disability reviews disciplinary decisions by judicial councils for the 12 federal appellate courts. And in the courts, she petitioned the US Supreme Court to hear her case in mid March.
Law360 has Judicial Conference Backs Latest Judge Newman Suspension
Law360 also has 5 Takeaways From California's 2026 State Of The Judiciary

Law.com has Preparing for the Universe at Oral Argument by David Fine, head of the appellate practice at K&L Gates. His headings are: Preparing to Concede; Having Key Points at My Fingertips; Arriving at the Argument Bullet Points; Compiling the Binder; Testing the Argument; Lining Up for Final Approach; Cringing for Good Cause

And here's an unpub from 4/3 about a motion to tax appellate costs -- you don't see many cases addressing this issue!

Wednesday, February 11, 2026

9th Cir. en banc article

Law.com has Navigating an 11-Judge Pile-Up: Orrick Associates Talk Shop About En Banc Ninth Circuit Arguments -- Katherine Munyan and Alyssa Barnard-Yanni, two senior associates at Orrick, Herrington & Sutcliffe, both based in New York, have handled en banc arguments at the Ninth Circuit over the past six months.

Tuesday, February 3, 2026

Oral arg tips

David Lat's Original Jurisdiction has 3 Tips For Appellate Advocates—From Paul Clement:
1. Listen, listen, listen.
2. Stay nimble
3. Keep it conversational--and candid

Monday, December 8, 2025

"Supreme Advocacy" now online

 

“Supreme Advocacy: What It Takes to Argue at the Supreme Court” offers an unprecedented, behind-the-scenes look at what it takes to argue before the nation’s highest court.

Follow Roman Martinez of Latham & Watkins, a veteran Supreme Court advocate, as he argues on behalf of a girl with a disability who claims that her education rights were denied.

Featuring insights from former Solicitor General Elizabeth Prelogar, legal journalist Nina Totenberg, and other leading voices in the legal world, Supreme Advocacy reveals the strategy and pressure that defines American law. Read more and watch the full Bloomberg Law film on YouTube.

Tuesday, November 25, 2025

First oral argument article

 Law360 has a long q&a article: Prep, Panic & Poise: Inside An Associate's First Oral Argument

  • Countless lawyers have frozen in the face of intense pressure — it's a universal human response, but it usually doesn't end in excruciating embarrassment. Holmes described his startling memory loss — and what happened next — in an interview with Law360 about the preparations, experience and lessons of his inaugural argument.
  • In the run-up to the argument, how was your confidence? Oh, I was nervous. I was very nervous. But I've talked to a lot of partners here — people who have argued over and over again, and who are incredibly good — and they get nervous, too, and that made me feel better. You learn to use energy positively and make sure you can handle anything. And the only way to do that is to know [your case] really, really, really well. So, I am actually grateful I felt nervous. If I had been complacent, I might not have been as well-prepared.

Tuesday, October 14, 2025

LASC App Div 2026 Hearing Dates

Appellate Division 2026 Oral Argument Hearing Dates

The Appellate Division of the Superior Court of Los Angeles County has announced its 2026 oral argument hearing schedule. Hearings will generally be set at 9 a.m. for infraction and misdemeanor cases and at 1:30 p.m. for limited civil cases in the Appellate Division Courtroom Room 615 at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, on the following dates, subject to further order of this court:          

  • January 8 and 22
  • February 5 and 19
  • March 5 and 19
  • April 2 and 16
  • May 7 and 21
  • June 4 and 18
  • July 2 and 16
  • August 6 and 20
  • September 3 and 17 
  • October 1 and 15
  • November 5 and 19
  • December 3 and 17

Remote appearances before the Appellate Division will be conducted via LACourtConnect. Participants can access the platform through the LACC welcome page. For more information on the Court’s current programs and services, follow the Court on X (@LASuperiorCourt), Instagram (@LASuperiorCourt), Threads (@LASuperiorCourt) or visit the Court’s website, www.LACourt.ca.gov. 

Monday, October 13, 2025

Myron on Moots

The last two DJ columns by Myron Moskvitz has focused on moot courts (Sep. 22, 2025 -- Setting up a moot court: Common pitfalls and how to avoid them - Moot courts can sharpen appellate skills, but only when designed to measure persuasion rather than polish & Oct. 13, 2025 -- How to set up a useful moot court: Part 2 - Traditional moot courts, whether for students or practicing lawyers, often fall short of preparing attorneys to win real appeals, but a more candid, private, and strategically timed approach can turn them into powerful tools for success.)

  • An effective oral argument is not one that looks good, but one that changes the judges' minds -- from "leaning against you" to "leaning towards you." Very difficult to accomplish, but occasionally it happens.
  • do the moot court in private
  • "Assume that you have drafted an opinion against the attorney we're helping. Grill the attorney on the reasons you did so. During the feedback session, be prepared to advise the attorney on how she might overcome your reasons."
  • try to hold the moot court after [counsel has] prepared a draft of their final brief (appellant's reply brief or respondent's brief) -- but before they file it. This might require some planning to squeeze the moot court into a narrow time window. But it allows the lawyer to use the moot court feedback to improve that final brief before filing. That's when it counts most, and it might well turn a loser into a winner.
For a lesson on "plain error," see J.Graber's dissent here:
In short, in assessing whether an error is “plain,” we must consider the views of other circuits even if no binding precedent is on point. Our objective is to determine whether the issue at hand is “subject to reasonable dispute,” Puckett, 556 U.S. at 135, not to determine simply whether the issue is controlled by binding precedent. And, as the cases above illustrate, how other circuits have decided the issue can inform our analysis as to the existence—or not—of a reasonable dispute. ....
This approach to plain-error review also comports with how at least seven other circuits analyze the question of plain error. ....
Our old formulation of the test, as well as its variants, is thus doubly wrong: asking a question about the wrong time (at the time of trial rather than at the time of appeal) and about the wrong subject matter (the district judge’s perspicacity rather than the obviousness of the error). .... The proper inquiry is simply whether, at the time of appeal, an error is “clear” or instead is “subject to reasonable dispute.”

Monday, September 8, 2025

6th DCA Road Trip

Sixth District Court of Appeal to Hold Oral Arguments in Santa Cruz -- The Court of Appeal, Sixth Appellate District, will convene oral arguments at the Santa Cruz Courthouse on Tuesday, September 9, 2025, at 9:30 AM. There will be no live broadcast for the Oral Argument calendar on September 9, 2025. A recording of the proceedings will be uploaded after the conclusion of Oral Argument.

Thursday, September 4, 2025

Sanctions!

1/3 publishes this opinion imposing $30K in sanctions against counsel "for filing a frivolous appeal."

See also this unpub from 4/2 here, where appellate sanctions are denied, but the appeal "comes right up to the line of sanctionable conduct" and some "remarks cross the line from vigorously asserting [] legal position[s] to ad hominem attack." "[I]t is telling that the closest legal question presented by this appeal is whether sanctions should be imposed. We caution [the pro per appellant] to proceed carefully in the future."
[9/15 update: The DJ has Court fines attorney $30,000 over frivolous San Francisco appeal -- An appellate court fined L.A. attorney Daniel Geoulla $30,000 for a frivolous scooter-injury appeal, upheld $8,000 in trial sanctions, referred him to the State Bar, and rebuked obstruction of discovery and examinations.]

Tuesday, August 5, 2025

6th DCA encourages less experienced lawyers to argue


The Court of Appeal, Sixth Appellate District, issued a new Miscellaneous Order today, August 1, 2025. The Court strongly encourages parties to permit less experienced lawyers to actively participate in the proceedings by presenting oral argument. As an exception to California Rules of Court, rule 8.256(c)(3), the Court will grant leave for counsel to split oral argument time to permit less experienced attorneys (seven years or less as a practicing attorney) the opportunity to present oral argument. Please click to see Misc. Order 25-002

Here's the text of Misc. Order 25-002:
The Court of Appeal, Sixth Appellate District, wishes to inform counsel of the following policy: As an exception to California Rules of Court, rule 8.256(c)(3), the Court will grant leave for counsel to split oral argument time to permit less experienced attorneys (seven years or less as a practicing attorney) the opportunity to present oral argument. The Court recognizes that less experienced attorneys often have fewer opportunities to gain valuable appellate advocacy experience and believes that permitting these attorneys to participate in oral argument benefits both their development and the legal profession as a whole.
This policy is entirely optional. The Court is not requiring counsel to permit less experienced attorneys to argue, but is simply communicating its willingness to accommodate such arrangements upon request.
If counsel wishes to split oral argument time with a less experienced attorney, please indicate this intention when submitting your oral argument request form by: 1. Noting "Split Argument Requested" at the top of the form 2. Listing both attorneys who will be presenting argument 3. Indicating the approximate division of the requested time.
The Court appreciates counsel's consideration of this opportunity to mentor the next generation of appellate advocates.

Wednesday, July 9, 2025

AI oral arg / "fun" opinions

yellow and gray robot toy

Law360 has:

Top Supreme Court Atty Touts AI Version Of Own Argument
You're not hallucinating — a tech-savvy U.S. Supreme Court advocate generated a near-facsimile of his voice, had an artificial intelligence chatbot use it to argue the same case he recently argued, and told Law360 on Tuesday that "many of its answers were as good or better than mine."
Approach The Bench: Judge Biery Has Fun Writing about W.D. Tex. Judge Fred Biery's "famous" "quirky written opinions":
The five-stanza poem about the disability insurance case was the first of many quirky opinions. Over decades, Judge Biery has leaned heavily on puns and has quoted songs and TV shows. He's used visual aids, including an illustration of the history of the earth to drive home the relative insignificance of litigation. His orders have again and again made headlines in the legal press.
And Adam Liptak has in the NYT: In Digital Era, Supreme Court Insists on Vast Piles of Paper -- The court’s rules require many litigants to submit 40 copies of their briefs, resulting in millions of pages printed each term. Critics call the process outdated and wasteful.

Thursday, June 19, 2025

Awful oral arg gaffe

 Oral arg mistake of the year here? A little "honey" goes the wrong way...


ABA Journal's story is here -- "The full video is available by searching for the word 'Delgato' on this website." The case is People v. Delgato.

Thursday, June 5, 2025

LACourtConnect extends to LASC Appellate Division

SUPERIOR COURT OF LOS ANGELES COUNTY TO EXPAND LACOURTCONNECT REMOTE APPEARANCE PLATFORM TO APPELLATE DIVISION AND ADDITIONAL CRIMINAL COURTHOUSES

Appellate Division Goes Live June 12; Second Phase of Criminal Rollout Begins June 16

The Superior Court of Los Angeles County will continue the phased rollout of LACourtConnect (LACC), the Court’s free technology platform for remote courtroom appearances. The platform will launch in the Appellate Division on June 12, with expansion to additional Criminal courtrooms beginning June 16. LACC is a user-friendly, modern platform that allows attorneys and litigants to attend court hearings virtually using Microsoft Teams without needing advanced registration.

Appellate Division –  June 12

Starting June 12, remote appearances in the Appellate Division will be conducted via LACourtConnect. Users may access the platform by visiting the LACC welcome page.  Key information: • Oral argument dates are posted here. • Parties will be served with a “Notice Setting Cause for Hearing” with their specific hearing date and time. • Participants wishing to appear remotely must test their equipment before the hearing and log in at least 15 minutes early. Both audio and video are required. Failure to appear when the case is called will result in a waiver of oral argument, and the appeal will be submitted on the brief(s) of the non-appearing party or parties.

The DJ's story is Los Angeles Superior Court launches eService for appellate division

Wednesday, May 28, 2025

All Districts now allow remote oral arg upon request

Apparently, following the lead of the Cal Supreme Court, all Court of Appeal districts now allow parties to elect remote oral argument without a showing of good cause. Some Districts have made this new policy express via Miscellaneous Orders (e.g., the 6th), while others have updated their Internal Operating Procedures (e.g., 4/3).

6th Dist. allows parties to choose remote argument

The Court of Appeal, Sixth Appellate District, issued a new Miscellaneous Order today, May 27, 2025. Oral argument in the Sixth District is currently being conducted in person. A party appearing for oral argument may choose to appear in person or remotely via videoconferencing through ZoomGov. Please see Miscellaneous Order 25-001 by clicking here.

MO 25-001 vacates the court's COVD-19 oral argument protocols (MO 23-001) and empowers a party appearing for oral argument to "choose to appear in person or remotely." Moreover, arguments will continue to be live-streamed and archived.