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Proceedings in the California Supreme Court. A party who does not like the outcome in the Court of Appeal can seek further review by the California Supreme Court. This is done by a petition for review, which is a document that resembles a brief.
First, if the Court of Appeal has published conflicting precedents, the California Supreme Court may grant review to end the disagreement and uncertainty. Second, some legal issues are so important that they require definitive answers from the highest court in the state.
Rule 10. Failure to comply with an order of the Court directing the filing of a brief may cause the appeal to be dismissed and may subject the offender to sanctions.
With rare exceptions, each side is allowed 30 minutes to present arguments. The Court generally hears two arguments a day, with occasional afternoon arguments. Since the majority of cases involve the review of a decision of some other court, there is no jury and no witnesses are heard.
The court files its written opinion within 90 days of oral argument. The decision becomes final 30 days after filing.
The Supreme Court has what is called ?original jurisdiction? over appeals of cases and controversies that arise under the U.S. Constitution, laws enacted by Congress, cases related to federal admiralty law, cases involving treaties, and cases where the United States itself is a named party.
Appealing Your Case in the Supreme Court The opposing party (appellee) has 40 days from the date of docketing to file its brief or 20 days after the appellant's brief is filed, whichever date comes later. The appellant may then file a reply brief within 20 days of the appellee brief.
The justices hold a conference to consider the arguments made and to reach a decision in each of the cases on their docket. At this point, one of the justices, in rotation, is assigned to write an opinion stating the court's reasoning in reaching its conclusion.