Legal Question in Appeals and Writs in California
What does "Casue to be submitted" mean? This is a case in a CA appeals case and was posted in the "Scheduled Actions" section. Also, in the Document Calendar section there is a date -- what does this date mean ?
Thank you very much .
3 Answers from Attorneys
The date on which the cause will be submitted is probably the day when the case will be argued. If the Court has asked for additional briefing after argument, then it is the due date for the last brief. If the parties waived oral argument and there are no more briefs coming due, then that is the date when the Court will begin treating the case as if it had been argued.
The case is considered to be submitted after you and the other side have finished all arguments for the court's consideration. If oral argument was waived, then the case is submitted when all briefs have been filed. The term "submitted" means that the case is ready for the judges' to make their decision. If your case is submitted, the due date under the calendar section is most likely a control date for the clerk's office. Most of the time, there will be a decision on your matter sometime before this date.
Ms. Meagher-Leonard is mistaken when she says that "[i]If oral argument was waived, then the case is submitted when all briefs have been filed." By the time oral argument is waived, the briefs have already been filed. Even then, the Court will not order the case submitted right away. Weeks (or more) can pass before that happens.
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