Legal Question in Appeals and Writs in California

I just received a notification from a California Appellate Case: " Cause argued and submitted. " What does it means and why i wasn't called/mailed to be present in such an oral argument hearing?


Asked on 8/13/15, 6:36 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It means that (a) the court heard oral argument, and (b) the court did not ask for additional briefing. It will now proceed to decide the case.

Why weren't you told about this ahead of time? I don't know. Who are you? The court was only required to notify the attorneys of record in the appeal, along with any unrepresented parties. If you're neither an unrepresented party nor a lawyer representing a party, the court didn't have to notify you.

If you're a party who has a lawyer, the lawyer probably should have told you once she received notice. Whether she was *required* to do that is another question. She probably wasn't, since you would not have been able to participate even if you'd been there.

I hope this answer is helpful. Feel free to contact me directly if you'd like more information.

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Answered on 8/13/15, 9:00 pm
James Goff James R. Goff, Attorney at Law

Mr. Hoffman is totally accurate in his response to your query. On the off chance that you are counsel in the matter or are an unrepresented party to this appeal your remedy to the failure to receive notice of a pending oral argument is to immediately file a motion to reopen the appeal process and allow a noticed new oral argument. Although many lawyers will tell you that most oral arguments occur after the justices have made a tentative decision in the case, oral argument is always important to allow you to remind the justices why your case is important. It also allows you to answer any question the court may have regarding your case. Good luck!

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Answered on 8/14/15, 12:29 pm


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