Appellate Practice,
California Courts of Appeal
Mar. 8, 2019
1st District considers issuing tentative rulings
The proposed new Rule 15(b) would allow appellate panels, “on occasion and in their sole discretion, to issue tentative opinions in cases scheduled for oral argument.”
1st District Court of Appeal Judge James M. Humes supports a proposal to allow panels to issue draft opinions before oral argument, a change he described as an "incremental measure."
Tucked inconspicuously near the end of a lengthy release Wednesday by the 1st District Court of Appeal that proposes, mostly, minor changes to the court's local rules is what Division Two Presiding Justice Anthony Kline describes as a "major transformation" that culminates decades of debate on an uncommon appellate procedure: the issuance of draft opinions in advance of oral argument.
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