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Appellate Practice

Sep. 9, 2010

Abolish Oral Argument?

Today, oral argument in most state appellate courts is an "empty ritual." So why not abolish oral argument to save time and money?

Myron Moskovitz

Legal Director, Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

Myron Moskovitz is author of Strategies On Appeal (CEB, 2021; digital: ceb.com; print: https://store.ceb.com/strategies-on-appeal-2) and Winning An Appeal (5th ed., Carolina Academic Press). He is Director of Moskovitz Appellate Team, a group of former appellate judges and appellate research attorneys who handle and consult on appeals and writs. See MoskovitzAppellateTeam.com. The Daily Journal designated Moskovitz Appellate Team as one of California's top boutique law firms. Myron can be contacted at myronmoskovitz@gmail.com or (510) 384-0354. Prior "Moskovitz On Appeal" columns can be found at http://moskovitzappellateteam.com/blog.

Stanley Mosk once told me, "Oral argument is a waste of time." I didn't buy it, because I didn't want to buy it: I'm an appellate lawyer who enjoys the banter of oral argument. But as a justice of the state Supreme Court and a former state Attorney General, he knew what was going on behind the courtroom. Now, I believe he might have been right.

Let's set the scene as the advocate sees it. You represent the appellant, and you appear for oral argument before our state Supreme...

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