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Cal. Rules of Court, rule 8.638 · Article 3. Briefs, Hearing, and Decision

Oral argument and submission of the cause

Verbatim from the official edition

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Application

Except as provided in (b), rule 8.524 governs oral argument and submission of the cause in the Supreme Court unless the court provides otherwise in its Internal Operating Practices and Procedures or by order.

(b) Procedure

(1) The appellant has the right to open and close.

(2) Each side is allowed 45 minutes for argument.

(3) Two counsel may argue on each side if, within 10 days after the date of the order setting the case for argument, they notify the court that the case requires it.

Notes and commentary — not rule text

History

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(Subd (b) amended effective January 1, 2004.)

Rule 8.638 amended and renumbered effective January 1, 2007; adopted as rule 36.2 effective January 1, 2003; previously amended effective January 1, 2004.

Source of truth

Edition
As posted by the Judicial Council of California (read October 22, 2026)
Official file
https://courts.ca.gov/cms/rules/index/eight/rule8_638
Text hash
sha256 51c0b68322eac7fb7c03c06051d5a587da91ef1209c49c2d5efc2b0e678aa7d3
Composed by
compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph

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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.