In-Person Oral Argument Resumes In the First District
The Court of Appeal, First Appellate District, has announced that in-person oral argument in the courtroom is now available to either or both parties. Counsel or parties may elect to present oral argument either by personal appearance in court or by remote appearance on BlueJeans. Hybrid arguments, where one party is in the courtroom and the other remote, are available. If argument will be by personal appearance, absent extraordinary circumstances, the justices who will hear the case will be present in the courtroom. All who enter the courtroom must be masked and remain masked except that counsel and parties who are presenting their argument may remove their masks while speaking. All arguments from the courtroom and by remote appearance, including hybrid arguments, will continue to be streamed live on the court’s website.
Parties who are receiving argument calendar notices now, and who did not previously receive notice that in-person argument was an option, will now have the option to request to appear in person. If the calendar notice is unclear about whether the requested “personal appearance” is in the courtroom or via BlueJeans, we suggest attorneys contact the division clerks for clarification.
FDAP strongly encourages in-person argument because it fosters a superior opportunity for discourse with the justices, allows for eye contact, and avoids distracting audio and video technology glitches. That said, FDAP is mindful that there may be reasons that justify remote argument, including health or travel concerns.
As always, travel expenses related to oral argument will be authorized under the guidelines set forth in the claims manual. If you have any questions about whether to request in-person argument, please reach out to your consulting attorney.
In-Person Oral Argument Resumes In California Supreme Court
The California Supreme Court has also announced that in-person argument will resume starting in November. As in the First District, counsel will also have the option to appear remotely via videoconference. More information about the court’s new argument policy is available on the Court’s website.