Is there a general due process right to oral argument on every motion in the trial court?
California, United States of America
The following excerpt is from Shalant v. Wieger, 2d Civil No. B295087 (Cal. App. 2019):
The trial court did not abuse its discretion by denying oral argument. There is no general due process right to be heard at oral argument on every motion in the trial court. Indeed, whether a right to oral argument exists on a statutory motion depends upon legislative intent. (Lewis v. Superior Court (1999) 19 Cal.4th 1232, 1244-1245.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
In a motion for a new trial, is the trial court bound by the same principles as the court of appeal? (California, United States of America)
Does a denial of a motion to set a date for trial violate a defendant's right to a jury trial and due process? (California, United States of America)
On a motion to be heard by the Court of Appeal at the Superior Court of California for a change of venue, does the Court have any jurisdiction or authority to hear the motion? (California, United States of America)
How have courts interpreted "the people's right to due process" not to include the right to compel the press to supply unpublished information obtained in the newsgathering process? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)
