Legal Question in Criminal Law in Michigan

Writ

I am creating a Writ of Mandamus and or Prohibition that will be sent to a Federal Circuit Court. What is the word to use if I want them them make a decision with out me having to go to the court for any oral arguments? Does such a thing exist or does the opposition have a right to oral argument?


Asked on 4/27/07, 1:57 pm

1 Answer from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Writ

Oral argument is usually not permitted at the appellate level without motion.

Chances are, though, that if the government wants oral argument, they will brief the reasons why the court should grant it.

So, if you don't want it you can "waive it," but that's probably not a good idea: you might want it once you read the other side's brief. It's your opportunity to answer questions the court has about the law and facts of your case.

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Answered on 4/27/07, 2:56 pm


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