Legal Question in Appeals and Writs in California

State Supreme Court: Responding to Petitions - Part 2

Thanks for the responses to the preceeding question. I apologize for not being clear with my question.

A petition is filed in state supreme court. Opposing counsel (trial attorney) promptly files a response (or Answer) when none is expected. The response filed is nothing more than a copy of their appellate brief to the lower court of appeals with a new cover.

Is this manner of answering a petition an accepted practice before a state supreme court? Possibly a trial attorney with no experience in this legal arena making an attention getting faux pas? Or not?


Asked on 10/13/07, 9:00 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: State Supreme Court: Responding to Petitions - Part 2

It isn't the right way to handle the situation, but it happens often enough that it won't raise many eyebrows at the Court.

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Answered on 10/13/07, 9:09 pm
Steven Murray Steven W. Murray, APC

Re: State Supreme Court: Responding to Petitions - Part 2

No, but this is not uncommon. It probably makes the Answer unresponsive to the Petition. The experienced Petitioner should point this out in its Reply.

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Answered on 10/14/07, 11:52 am


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