Step 5: After your oral argument
What to expect after your oral argument
After oral arguments are made or waived, the case is submitted, and the Court of Appeal will make a decision. Here’s what to expect next in the process:
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Deliberation
The justices will discuss the case and review all the information, including the briefs, the record on appeal, and the oral arguments presented.
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Decision
The Court of Appeal will reach a decision, which may take several weeks or even months. The justices will issue an opinion outlining their reasoning and the outcome of the appeal.
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Written opinion
The court will provide a written opinion that explains the decision. This opinion may be published, meaning it can be cited in future cases, or it may be unpublished, meaning it is not intended for broader legal reference.
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Notification
The parties involved will be notified of the court's decision. This notification will include a copy of the written opinion.
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Further action
Depending on the outcome, the appellant or respondent may have options for further action:
- If the Court of Appeal affirms the lower court decision, the appellant may consider whether to file a petition for review with the California Supreme Court, which is an option for further appeal in certain cases.
- If the Court of Appeal reverses the trial court’s decision or returns (remands) the case back to the trial court, the parties will continue their case in the trial court.
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Finality
Once the Court of Appeal issues its decision and any potential further appeals are exhausted, the decision becomes final. The Court of Appeal will then send a document called a remittitur.