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2014 California Rules of Court

Rule 8.256. Oral argument and submission of the cause

(a) Frequency and location of argument

(1)Each Court of Appeal and division must hold a session at least once each quarter.

(2)A Court of Appeal may hold sessions at places in its district other than the court's permanent location.

(3)Subject to approval by the Chair of the Judicial Council, a Court of Appeal may hold a session in another district to hear a cause transferred to it from that district.

(b) Notice of argument

The Court of Appeal clerk must send a notice of the time and place of oral argument to all parties at least 20 days before the argument date. The presiding justice may shorten the notice period for good cause; in that event, the clerk must immediately notify the parties by telephone or other expeditious method.

(c) Conduct of argument

Unless the court provides otherwise by local rule or order:

(1)The appellant, petitioner, or moving party has the right to open and close. If there are two or more such parties, the court must set the sequence of argument.

(2)Each side is allowed 30 minutes for argument. If multiple parties are represented by separate counsel, or if an amicus curiae-on written request-is granted permission to argue, the court may apportion or expand the time.

(3)Only one counsel may argue for each separately represented party.

(d) When the cause is submitted

(1)A cause is submitted when the court has heard oral argument or approved its waiver and the time has expired to file all briefs and papers, including any supplemental brief permitted by the court.

(2)If the Supreme Court transfers a cause to the Court of Appeal and supplemental briefs may be filed under rule 8.200(b), the cause is submitted when the last such brief is or could be timely filed. The Court of Appeal may order the cause submitted at an earlier time if the parties so stipulate.

(Subd (d) amended effective January 1, 2007.)

(e) Vacating submission

(1)Except as provided in (2), the court may vacate submission only by an order stating its reasons and setting a timetable for resubmission.

(2)If a cause is submitted under (d)(2), an order setting oral argument vacates submission and the cause is resubmitted when the court has heard oral argument or approved its waiver.

(Subd (e) amended effective January 1, 2007.)

Rule 8.256 amended and renumbered effective January 1, 2007; repealed and adopted as rule 23 effective January 1, 2003.

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