California Notice of Waiver of Oral Argument — Limited Civil Case is a document filed with the court to waive the right to an oral argument in a limited civil court case in the state of California. This document is typically filed by either the plaintiff or the defendant in a case, and can only be filed in a limited civil case (cases where the amount in dispute is $25,000 or less). The Notice of Waiver of Oral Argument is filed in order to expedite the court process and to save time and resources. There are two types of California Notice of Waiver of Oral Argument — Limited Civil Case: waiver of oral argument by plaintiff and waiver of oral argument by defendant. Both of these documents are filed with the court to waive the right to an oral argument for a limited civil case.
California Notice of Waiver of Oral Argument - Limited Civil Case
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FAQ
In most cases oral argument is optional, and it is a small part of an appeal. In some cases oral argument can be helpful, but it is less important in the court's decision than the briefs or the record on appeal.
After the oral arguments have been finished, the court meets, in its conference room, to reach a preliminary decision about the outcome of each case. When the justices disagree, the greater number becomes the majority of the court on that case.
The court files its written opinion within 90 days of oral argument. The decision becomes final 30 days after filing. Up to 15 days after filing, the parties may petition for rehearing; the court may also, on its own motion, grant a rehearing or modify its decision up to an additional 60 days.
An appellate advocate often waives oral argument because he believes that the facts and legal issues are so clearly in his client's favor that his client will prevail without the necessity of oral argument. The attorney who waives oral argument for this reason is taking a significant risk.
Parties may waive oral argument by filing a notice of waiver of oral argument within 7 days after the notice of oral argument is sent. If all parties in the case waive oral argument, the court may vacate the oral argument and take it off the calendar.
In federal circuits, a waived argument is intentional, and may not be resurrected on appeal. A forfeited argument results from an inadvertent failure to raise that argument, and may be nonetheless reviewed in very limited circumstances.
What is oral argument? After both sides file the briefs, either party can request to have an oral argument before the Supreme Court. This is when both parties appear in the Supreme Court and each side argues their case and the justices may ask questions.