Step 5: Get ready for your oral argument

Be sure to go through the record on appeal, the arguments from both sides in the briefs, and the important legal authorities.

Be realistic about how many points you can cover in the limited time. Keep in mind that the justices may ask you questions during your argument.

Appeals usually center on one or two key issues. Concentrate on discussing the legal principles that apply to those issues rather than focusing on facts from the trial court case.

Prepare an outline of your key talking points to help you clearly convey the most important things you want to say during the oral argument.

Ensure that the laws you cited have not changed. Verify your legal authorities (such as published court decisions, statutes, or court rules) to see if they are still valid. Cases may have been overruled or may not be cited as authority anymore.

If you discover that any authority in your briefs is no longer valid or if you find new authorities, notify the court and other parties in writing as soon as possible before the oral argument. You only need to provide the legal citations without writing a full argument or discussion. Be sure to include proof of service to opposing counsel or self-represented parties.

Exhibits and charts are not likely to help in oral argument, as the justices will concentrate on legal issues rather than disputing the facts. You can reference exhibits in the record, but you won’t be allowed to set up large displays.

Use your outline to practice with others. During your time, you may also want to respond to arguments made by the other side. Review their brief and think about how they might argue. Practice your responses and consider what questions the Court of Appeal justices might ask.

If possible, attend a court session before your argument date to observe some oral arguments. Check the court’s website or call the clerk’s office for calendar information to ensure you visit on a day when oral arguments are scheduled. Oral arguments are open to the public, so no special permission is needed to attend. Some courts even broadcast oral arguments online, allowing you to watch remotely. You can find live-streaming options and past oral argument recordings on the California Courts website.