Legal Question in Civil Litigation in California
Judge is not answering
The statues states that every matter submitted to a judge of the Superior Court for decision shall be decided within (60) days of the date that it was submitted. My motion was submitted 2/12/08 the memorandum in reply was 2/26/08 & my answering memorandum was submitted 3/11/08. So it has been 69 days. Should I pressure the judge?
2 Answers from Attorneys
Re: Judge is not answering
Wait a full 90 days after the hearing date, and then write the judge a very, very nice letter (in care of the clerk, with a copy to your opponent).
Re: Judge is not answering
Your question incorrectly presumes that submission is equivalent to filing the reply brief. It is not.
A motion is usually submitted after oral argument. If the court asks for supplemental briefing, the matter is deemed submitted either when the last supplemental brief is filed or when the time for such filing has passed.
If you believe the judge is taking longer than the statutes permit, you may want to call her clerk and ask whether the judge has ruled. A polite reminder like this is better than trying to "pressure" the judge.
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