Archives: Days Under Submission

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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

Does the Time to Argument and Decision Correlate to How a Criminal Case is Decided?

Last time, we analyzed the data on lag times in civil cases – grant of review to oral argument and argument to decision – to determine whether lag time is correlated with the result in the case: do affirmances or reversals take longer?  We determined that there’s no consistent relationship over time between lag time … Continue Reading

Do Affirmances Take Longer in Non-Death Penalty Criminal Appeals (2008-2016)?

Yesterday, we looked at how much correlation there was between result and lag times in death penalty appeals between 2008 and 2016. Today, we’re looking at the non-death penalty criminal docket for the same period. We started this analysis because of the surprising results looking at civil versus criminal cases – affirmances took about 20 … Continue Reading

Do Affirmances Take Longer in Automatic Death Penalty Appeals (2008-2016)?

For the past several weeks, we’ve been comparing the Court’s lag times – time to oral argument, and then oral argument to decision – for affirmances as opposed to reversals. We’ve determined that affirmances tend to take longer from outset to argument than reversals do. The difference between affirmances and reversals is much greater for … Continue Reading

Do Affirmances Take Longer in Automatic Death Penalty Appeals (2000-2007)?

We’ve been reviewing the data for lag time from grant of review to oral argument to decision in criminal cases, dividing the data up to separate non-death and death penalty appeals, searching for an explanation of why lag time for affirmances has been considerably longer than lag time for reversals between 2000 and 2007.  Today, … Continue Reading

Are Longer-Pending Cases More Likely to Be Affirmances in the Criminal Docket? (Part 2 – 2008-2016)

Yesterday, we showed that affirmances in civil cases between 2008 and 2016 have tended to be pending for longer both between the grant of review and oral argument, and between argument and decision, than reversals were.  Today, we address the Court’s criminal cases between 2008 and 2016. Our database contains 304 affirmances and 209 reversals.  … Continue Reading

Are Longer-Pending Cases More Likely to Be Affirmances in the Civil Docket? (Part 2: 2008-2016)

Last week, we demonstrated that the time from grant to oral argument and argument to decision was longer between 2000 and 2007 for affirmances than it was for reversals, both in civil and criminal cases.  This week, we look at the Court’s civil and criminal cases between 2008 and 2016.  We begin with the Court’s … Continue Reading

Are Longer-Pending Cases More Likely to be Affirmances in Criminal Cases? (Part 1 – 2000-2007)

Yesterday, we showed that between 2000 and 2007, affirmances took somewhat longer in civil cases than reversals did.  Today, we address the Court’s criminal cases for the same years. We report the data for lag time from grant of review to oral argument in Table 177 below.  As the chart reflects, once again, affirmances took … Continue Reading

Are Longer-Pending Cases More Likely to be Affirmances in Civil Cases? (Part 1 – 2000-2007)

For the past two weeks, we’ve been reviewing the average time civil and criminal cases have remained pending from grant of review to argument to decision.  This week and next, we’ll be addressing whether there is any correlation between the lag time of the Court’s cases and the ultimate result.  In other words, do affirmances … Continue Reading

How Long Have Criminal Cases Lasted From Grant to Argument to Decision (Part 2 – 2008-2016)?

Yesterday, we analyzed the lag times – from grant of review to oral argument, and oral argument to decision – in the Court’s civil docket from 2008 to 2016.  Today, we’ll address the data for the criminal docket.  One definition – for cases such as the death penalty docket where there is no grant of … Continue Reading

How Long Have Civil Cases Lasted From Grant to Argument to Decision (Part 2 – 2008-2016)?

Last week, we began addressing the issue of the average lag time from grant of review to oral argument and from argument to decision, analyzing the data for the civil and criminal dockets from 2000 to 2007.  This week, we’ll address the data for 2008 through 2016, beginning today with the civil docket. There is … Continue Reading
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