Wednesday, September 26, 2007

What happens now in the PL case...

The briefs have been submitted.

Now the case is in the hands of the law clerks who will go over the record. In this case it is a short record; just motions and demurrers (and I guess however many amended complaints Gallegos/Stoen filed)

The clerks look for the law noted in the briefs. They check for factual accuracy. In this case, the briefs will not be considered fact intensive.

The clerks will research the law. Then they make an analysis for the justices.

The justices, who meet once a week, will go over the memo from the clerks.

The residing justice will assign the case to three out of the four justices.

They will go over the memo, and send the clerks back to research anything they want researched

Out of the three, one will be appointed to author the opinion based on the information provided in the briefs, and by the clerks, and by the law.

Then they circulate the opinion - and they either come to an agreement or they have a dissenting opinion.

Next, they send a notification out that they are ready for oral arguments.

The parties have 10 days from receipt of the notice to exercise their constitutional right to oral argument. Their last chance to make their case.

After oral argument is deemed submitted, the justices have 90 days to render an opinion.
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FIRST DISTRICT, COURT OF APPEAL
William R. McGuiness, Administrative Presiding Justice
Stuart R. Pollak, Associate Justice
Peter J. Siggins, Associate Justice
Associate Justice - Vacant - a sitting superior court judge may be appointed to fill the vacancy
First Appellate District History
Interesting: filing e-briefs with 4th District, Division Three
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I'm working on posting the various briefs for those who are interested. Pretty incredible stuff.

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