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Oral Argument and Expediting Appeals - A Compatible Combination

NCJ Number
93008
Journal
University of Michigan Journal of Law Reform Volume: 16 Issue: 3 Dated: (Spring 1983) Pages: 517-526
Author(s)
J A Chapper
Date Published
1983
Length
10 pages
Annotation
The California Court of Appeal Third Appellate District in Sacramento implemented in 1981 an expedited appeal procedure for civil cases that emphasized oral argument and lessening the importance of written briefs. The first 12 month's of the procedure's operation were evaluated on the basis of court records of over 100 cases, personal interviews with members of the court and court staff, and telephone interviews with participating attorneys.
Abstract
To expedite courtroom procedures, the Sacramento court used its existing settlement conference procedure as the mechanism for identifying cases. The expedited procedures proved applicable for a much broader range of cases than originally anticipated. Most of the expedited cases shared one basic characteristic: they were typically one-or two-issue cases that were neither factually nor legally complex. The expedited cases were concluded an average of 99 days from the start of briefing in contrast to the 232-day average for comparable cases handled in the year prior to the implementation of the new procedures. The procedure produced greater clarity in the presentation of issues; the shortened procedures may operate as an incentive to counsel to reduce the number of issues presented. Virtually all of the attorneys were satisfied that the restrictions placed on briefing did not hamper their ability to present cases to the court. Twenty-two references are supplied.

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