Archives: Days Under Submission

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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

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
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