Briefing Issues Pending Before the California Supreme Court
By Justice Jon Streeter, Honey Kessler Amado, and Leah Spero
Even if your case never gets to the California Supreme Court, you might have to brief a legal issue pending before the Court. When the Court grants review, it is often because the issue is recurring and has generated a split of opinion. But a grant of review does not put all other cases with the same issue on hold. If you have a case in a lower court with the same issue, your case may be decided by the trial court or the Court of Appeal before the Supreme Court renders its opinion.
New court rulesâCalifornia Rules of Court, rules 8.1105 and 8.1115(e)ânow allow counsel to cite to cases taken on review. These new rules are welcome, and will foster more candid and open discussions about the pending issues. But they present challenges as well as opportunities for advocates.