Supplemental Opening Brief

[MrJulez]

What is the name of your state (only U.S. law)?
California

I appealed a speeding ticket I received last year. I have turned in my opening brief and "submitted on record" to the oral arguments hearing.

However, the judge wanted to see the Traffic and Engineering survey (it was not included apparently...), so he made a request for it and postponed the case...

Now I just received a "Notice of Supplemental Briefing Schedule" and it states "Appellant's Supplemental Opening Brief is to be filed on or before [date]."

Can someone tell me if I am REQUIRED to file one?
If yes, what do I write in it?

Thank you in advance for your help!

 

[guerneca]

You aren't required to, but you almost certainly should file a supplemental brief. Can you give some more details about the appeal? Did the court decide to review the survey after oral arguments were heard? What did it conclude and why did it ask for a supplemental brief?

 

[MrJulez]

You aren't required to, but you almost certainly should file a supplemental brief. Can you give some more details about the appeal? Did the court decide to review the survey after oral arguments were heard? What did it conclude and why did it ask for a supplemental brief?

I did not attend the oral arguments; I just called in to submit on record.
I received a notice awhile after the first hearing date stating that the judge wanted to see the Traffic and Engineering survey.
My case lagged after that and now this is what I can see from the court's website:

22 NOTICE - OTHER (OF SUPPLEMENTAL BRIEFING SCHEDULE) FILED BY THE SUPERIOR COURT OF ORANGE ON 04/12/2011 04/12/2011
THE SUPERIOR COURT OF ORANGE ON 04/12/2011

21 HEARING ON APPEAL - INFRACTION SCHEDULED FOR 05/26/2011 AT 09:00:00 AM IN C01 AT CENTRAL JUSTICE CENTER. 04/12/2011

20 NOTICE - OTHER (OF INABILITY TO PROVIDE EXHIBITS) FILED BY THE SUPERIOR COURT OF ORANGE ON 03/29/2011 03/29/2011
THE SUPERIOR COURT OF ORANGE ON 03/29/2011

19 RECEIPT FOR RECORDS - PEOPLE'S EXHIBIT #2 03/29/2011

18 CLERK'S CERTIFICATE OF SERVICE BY MAIL 03/10/2011

17 MINUTES FINALIZED FOR 03/10/2011 07:49:00 AM. 03/10/2011

16 NOTICE - OTHER (OF INABILITY TO PROVIDE EXHIBITS) FILED BY THE SUPERIOR COURT OF ORANGE ON 02/10/2011 02/10/2011
THE SUPERIOR COURT OF ORANGE ON 02/10/2011

15 RECEIPT FOR RECORDS 10/07/2010

14 MINUTES FINALIZED FOR HEARING ON APPEAL - INFRACTION 09/30/2010 09:00:00 AM. 09/30/2010

12 ORDER ON APPEAL ENTERED. (REMANDED) 09/30/2010

11 CLERK'S CERTIFICATE OF SERVICE BY MAIL 09/10/2010

10 MINUTES FINALIZED FOR 09/10/2010 10:13:00 AM. 09/10/2010

9 HEARING ON APPEAL - INFRACTION SCHEDULED FOR 09/30/2010 AT 09:00:00 AM IN C01 AT CENTRAL JUSTICE CENTER. 09/10/2010


They didn't explain why they wanted a supplemental opening brief.

It looks like they requested the survey twice (exhibit) but did not receive anything.

Even if I do file a supplemental opening brief, I don't know what to write in it.