A Guide to Understanding Your Case Status Updates

Requested — extension of time

Granted — extension of time

Updates on requested extensions of time are important to pay attention to as they adhere to strict timelines.

“Requested — extension of time” does not impact when the extension starts. Once the update says “Granted,” your attorney will be notified.

The clock for the given number of days of the extension starts when the extension is granted.

Tentative opinion memos are used as a way to streamline oral arguments by determining in advance if an oral argument is needed.

If the court finds the legal arguments and facts to have been adequately presented in the briefs and record, then a Tentative Opinion memo would be filed to indicate the majority of the justices on the appeals panel agree on a tentative opinion.

Some tentative opinion memos will indicate what to focus on in oral argument, while others might express that oral argument would not significantly impact the decisional process.

The judges may change their mind on the ruling following oral argument, but it is rare that they do.

After a Tentative Opinion memo, the next step in the appeals process is typically oral argument.

If the majority of the justices on the appeals panel agree on a tentative opinion, then you have a choice of what your next steps are:

1. Counsel may notify the court to waive oral argument. Failure to waive oral argument is deemed as waiving it as well.

2. Counsel can reconfirm their original decision to request oral argument.

2.a. In this case, each party’s oral argument is limited to 15 minutes. Due to the fact that the judges are already briefed on the case and have made a tentative opinion, you are not permitted to repeat the arguments stated in your brief.

A Disputed Issue memo is a type of Tentative Opinion memo where the majority of justices on the panel do not concur on the tentative opinion. In this case, the court’s ruling depends on an issue to be discussed in oral argument.

Disputed Issue memos give both parties notice about what is going to happen at oral argument, and what issues to focus on to speed up the process.

If your case is met with a non-majority panel, you will receive the memo containing the main issues that were disputed by the panel members.

For the next steps, you and your attorney should go over what the Disputed Issue memo says to focus on to prepare for oral argument.

Here the Court of Appeals is acknowledging they received the notice form the superior court.

After receiving this notice, attorneys don’t always check in, as it’s not a duty, so be sure to do so.

This start to the appeals process sets off a cascade of events that your attorney should be aware of.

Oral argument is the time to emphasize the key issues of the case and make sure the court understands what is most important in your case. This can also be a time to ask the judges if they have any questions you can answer for them.

Happens if the court sends you a notice to ask if you want an oral argument and you do not respond.

The court assumes you are waiving your oral argument.

If the notice given by the court does not ask explicitly if you want to participate in oral argument, you can notify the appellate court that you would like to waive oral argument.