Oral Argument/Opinion/Remittitur (CRC 8.256, 8.264, 8.272)

How do I request oral argument?

There is no need to request a hearing date for oral argument; the Court of Appeal automatically assigns an oral argument date for most appeals. Litigants will receive written notice of the hearing date approximately 30 days before oral argument.

When are oral arguments calendared?

The Court of Appeal will typically set oral argument within a few months of the case being fully briefed.

Are tentative rulings issued?

The Second Appellate District does not issue tentative rulings before oral arguments.

Are oral argument panels disclosed?

Generally, the assigned panel is not disclosed until the day of oral argument.

When will the opinion be filed?

Upon submission, the Court of Appeal has 90 days to file its decision.

What is a remittitur?
When does the remittitur issue?

The remittitur alerts counsel to file their cost bill in superior court. Please see Cal. Rules of Court, rule 8.278(d) for items recoverable as costs. Counsel has 40 days from the date the remittitur is issued to file their memorandum of costs in superior court as prescribed by rule 3.1700. The Court of Appeal will issue a remittitur 61 days after the filing of its opinion, barring any time extensions by the Supreme Court. View all Rules of Court.