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Court of Appeals

Tribunal de Apelaciones

How often do the Court's initial calendar notices get changed or what are my chances of getting a different result if I file a memorandum in opposition?

Twenty to twenty-five percent of the cases originally assigned to the summary calendar get reassigned to a non-summary calendar following a memorandum in opposition. Many people have the misperception that staff attorneys write the notices of proposed disposition with little input from judges and that such notices should be freely disparaged in the memorandum in opposition to catch judicial attention and warrant a calendar reassignment. In fact, the calendaring judge will not infrequently make substantial changes in the draft written by the staff attorneys. Respectful disagreement with the notice of proposed disposition, including specifically pointing out where it is inconsistent with the facts of the case or with the law, will frequently result in a change of disposition.

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