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What’s the Average Lag Time from Filing of the Reply Brief to Filing of the Final Brief (Whether Amicus or Supplemental)?

Yesterday, we reviewed the data for the average wait from filing of the opening brief to filing of the reply brief.  This time, we move to the next step: the average wait from filing of the reply brief to filing of the final brief – amicus or supplemental. During the 1990s, the relatively few additional … Continue Reading

How Long Typically Passes from Appointment of Counsel in a Criminal Case to Filing of the Opening Brief?

Today, we’re looking at the lag time data for the next step in a criminal case – the wait from the order appointing counsel to the filing of the opening brief (which is generally, but by no means always, by the defendant).  One very big caution with today’s numbers: for this post, we’re covering all … Continue Reading

How Long is the Average Wait from Granting of a Petition for Review in Criminal Cases to Appointment of Counsel?

This time, we’re reviewing the lag time data for the second step in the typical non-death penalty criminal case at the Supreme Court: the average days from the order granting review to the order appointing counsel. In 1990, the average wait was 44 days.  That fell to 35.33 in 1991 but rose to 60.82 the … Continue Reading

How Long is the Average Wait from Filing a Petition for Review in a Criminal Case to an Order Granting Review?

For the past several weeks, we’ve been reviewing detailed lag time data on the civil side.  Now, we’re going to look at the criminal side of the docket.  First up: what’s the average lag time from the filing of a petition for review to the order granting review? The average progressively edged upwards during the … Continue Reading

Is the Lag Time from the End of Party Briefing to Oral Argument Correlated With the Degree of Disagreement on the Court?

Last time, we showed that the lag time from the end of party briefing to oral argument was longer for civil cases in which the Court was divided than cases which were ultimately decided unanimously. But is lag time related to the degree of disagreement? Do 4-3 decisions take the longest, or do 6-1 decisions … Continue Reading

Is the Lag Time from the End of Party Briefing to Oral Argument Impacted by Disagreement on the Court?

Last time, we looked at the lag time from the end of party briefing to oral argument – our proxy for the period in which the Court tentatively decides the case – to see whether there was a correlation to the end result in the case. In other words, do affirmances or reversals consistently take … Continue Reading

Can the Time from End of Party Briefing to Oral Argument Predict Case Results in Civil Cases?

Last week, we investigated whether the lag time from the end of briefing, including amicus and supplemental briefing, to oral argument suggests the likeliest result – in other words, do affirmances or reversals consistently take longer? In Table 1160, we report the lag times from end of party briefing to oral argument, divided by civil … Continue Reading

Does the Time from End of Briefing to Oral Argument Predict the Result in Civil Cases?

In previous posts, we’ve suggested that the period from the end of amicus/supplemental briefing to the oral argument is a reasonable proxy for the Court’s decisional period.  So, if we revisit the data, divided by affirmances, reversals and split decisions (partly affirmed, partly reversed) – can we predict the result based on the wait from … Continue Reading

What’s the Average Time From Argument to Decision in Civil Cases at the Supreme Court?

Today, we’re reviewing the data for the average lag time between oral argument and decision in civil cases at the Supreme Court. During the 1990s, the average time increased significantly.  In 1990, there was an average of 61.56 days’ wait from argument to decision.  That dropped to 59.23 (1991), 56.42 (1992) and 59.26 (1993), before … Continue Reading

How Long Typically Passes from the End of Briefing to Oral Argument in Civil Cases, 1990-2019?

Today, we reach a critical milestone in civil litigation at the Supreme Court: the average lag time from the last brief – regardless of whether it’s a party reply brief, an amicus brief or a supplemental brief – to the oral argument.  Because of California’s rule that cases must be decided within ninety days following … Continue Reading

How Long Does Supplemental and Amicus Briefing Typically Take in Civil Cases, 1990-2019?

Last week we reviewed the data for how long party briefing typically took in civil cases at the Supreme Court.  This week, we’re looking at the next guideposts.  The Supreme Court accepts additional briefs in nearly all its civil cases: amicus briefs; responses to amicus briefs; and supplemental briefs.  How long does extra briefing typically … Continue Reading

How Long Do Civil Cases Average from Grant of Review to Filing of the Appellant’s Opening Brief?

Our next step in our comprehensive review of lag times at the Supreme Court is the average time from the Court’s order granting review to the filing of the Appellant’s Opening Brief.  Absent any extensions, the appellant’s opening brief is due 30 days after the order granting review.  (Rule of Court 8.520(a).) From 1990 to … Continue Reading

Part 2 – How Long After Filing is the Typical Petition for Review Granted in Civil Cases?

Last time, as part of our review of lag time data for civil and criminal cases at the Supreme Court, we reviewed the composite lag time data – grant of review to oral argument.  For this study, we’ve divided lag time data for civil cases by seven guideposts – Petition for Review filed; Petition granted; … Continue Reading

Are Civil Cases Taking Longer – and If So, Why? (Part 1 of a Series)

Today, we’re beginning a new series of posts about an area that’s been controversial for generations: the lag time involved in appellate litigation, and the perception that cases take too long to resolve.  We’ve published lag time data on the blog before divided into only two numbers: days from grant of review to oral argument … Continue Reading

Where Did the Supreme Court’s Sixth District Criminal Cases Come From, 2005-2019?

Today, we’re concluding our survey of the originating trial courts for the Supreme Court’s criminal cases from the Sixth District, looking at the numbers for the years 2005 to 2019. In 2005, the Court decided two criminal cases from Santa Clara county.  In 2006, there were four Santa Clara cases and one each from San … Continue Reading

Where Did the Supreme Court’s Sixth District Criminal Cases Come From, 1990-2004?

Last week, we reviewed the data on which counties accounted for the Sixth District’s civil cases decided by the Supreme Court since 1990.  This week, we’re looking at the criminal cases. In 1990, the Court decided one criminal case each from Santa Clara and Monterey counties.  In 1991 and 1992, the Court decided three cases … Continue Reading

Where Did the Supreme Court’s Sixth District Civil Cases Come From, 2005-2019?

In 2000, the Supreme Court decided three civil cases from Santa Clara county and one from Monterey.  The Court decided two cases from Santa Clara in 2002 and three in 2003, and one case from Santa Cruz in 2004. In 2010, the Court decided five cases from Santa Clara county and one from Monterey.  The … Continue Reading

Where Did the Supreme Court’s Sixth District Civil Cases Come From, 1990-2004?

This week and next, we’re concluding our trip through the data for the counties of California’s six Court of Appeal districts with the civil and criminal cases from the Sixth District.  The Sixth encompasses only four counties: Santa Clara (by far the biggest), San Benito, Santa Cruz and Monterey.  Civil cases from the Sixth District … Continue Reading

Where Did the Fifth District’s Criminal Cases Come From, 2005-2019?

This time, we’re reviewing the most recent data for which trial courts accounted for the Supreme Court’s criminal cases from the Fifth District. In 2005, the Court decided three cases from Kern county and one each from Fresno, Merced, Tulare and Tuolumne counties.  In 2006, the Court decided two cases from Kern and one from … Continue Reading

Where Did the Fifth District’s Criminal Cases Come From, 1990-2004?

This time, we’re reviewing the data on the trial courts which produced the Supreme Court’s criminal cases from the Fifth District. In 1990, the Court decided only one Fifth District criminal case, which originated in Fresno county.  In 1991, the Court decided three cases from Tulare county and one each from Merced and Stanislaus county.  … Continue Reading

Where Did the Fifth District’s Civil Cases Come From, 2005-2019?

In recent years, Fifth District civil cases have continued to be relatively uncommon on the Court’s docket.  In 2005, the Court decided two cases from Fresno and one each from Kern and Stanislaus counties.  In 2006, the Court decided one case from Kern county and one from Tulare.  In 2007, the Court decided one case … Continue Reading

Where Did the Fifth District’s Civil Cases Come From, 1990-2004?

For the past two weeks, we’ve been reviewing the data on which county Superior Courts originated the Supreme Court’s civil and criminal decisions from the Fourth District.  Next up: the Fifth District. The Court decided no Fifth District civil cases in 1990.  In 1991, the Court decided one case each from Fresno and Kern counties.  … Continue Reading
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