Is oral argument available at the appellate level?

Yes, oral argument is available at the appellate level in California. Oral argument is an opportunity for each side in an appeal to present their case in person to a judge or a panel of judges. During oral argument, each side usually explains why the lower court’s decision should or should not be affirmed. The judges may also ask questions of the lawyers or parties in order to better understand the case. In California, oral argument is also known as “oral argument on the merits.” This is the usual procedure for an appeal from a trial court decision. The appellate court usually provides a specific amount of time for both sides to make their arguments. During the argument, each side can refer to the facts of the case, what the lower court did, and how the applicable law applies. Although oral argument is a common practice at the appellate level, the appellate court may still decide the outcome of the appeal without an oral argument. In this case, the court looks solely at the legal briefs filed by each side and the applicable law. The court will then issue a decision that either affirms the lower court’s decision or reverses it. In California, the appellate court usually decides within a few months whether or not to hold an oral argument. If it decides to hold an oral argument, the appellate court will notify the parties and set a date and time for the argument.

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