7-1. When does the court hear oral argument, and how do I find out when my case is on calendar?
A. Each division in the Fourth District hears oral argument on pending cases one week per month.
- Oral argument in Division Three (Santa Ana) is normally held the third full week of every month.
- Oral argument in Division One (San Diego) is normally held the second full week of every month.
- Oral argument in Division Two (Riverside) is normally held the first full week of every month.
B. At the time a case is fully briefed, the court will send you (unless you have failed to file a required brief) asking whether you request oral argument. You must file a written request for oral argument within 15 days of the date of the court's letter. You are limited to a maximum of 30 minutes per side (including time for rebuttal), but most appeals consume less time. State the amount of time you request, and serve all parties. If you do not respond to the court's letter, the court will assume that you have waived oral argument.
C. If you claim calendar preference for oral argument, you must promptly serve and file a motion for preference. (Rule 8.240.)
D. Additional time beyond the 30 minutes per side is allotted only in highly unusual situations, and requires an advance written request to the court. You must specify the amount of additional time and explain why. Serve the request on opposing counsel. If the Presiding Justice grants the request, both sides will be allotted equal time.
E. Click here to see the court's most recent oral argument calendars. The calendars show the date, time and assigned justices in any given month for matters that have been scheduled for oral argument. Calendars generally are posted at least one month in advance, but you should check periodically to see whether they have been revised.
