CR-138 - Notice of Waiver of Oral Argument (Misdemeanor)

Summary

Notice of Waiver of Oral Argument (Misdemeanor)

Text

Form ID: CR-138
Title: Notice of Waiver of Oral Argument (Misdemeanor)
Effective Date: 2020-01-01
Mandatory Form: no
Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-138
Primary Download URL: https://www.courts.ca.gov/documents/cr138.pdf
Form Detail Page:
Notice of Waiver of Oral Argument (Misdemeanor)
(CR-138)
Tells the court, in a misdemeanor case,  that the defendant does not want to explain the arguments to the court of appeal in person. Instead, the court will decide the appeal based on the papers the defendant submitted and the court record.
Get form CR-138
Effective: January 1, 2020
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How-to instructions for Criminal
PDF Text:
Notice of Waiver of Oral Argument  
(Misdemeanor)
CR-138, Page 1 of 2Judicial Council of California, www.courts.ca.gov 
New January 1, 2020, Optional Form  
Cal. Rules of Court, rule 8.885
CR-138 Notice of Waiver of Oral Argument 
 (Misdemeanor)
Instructions
Before you fill out this form, read Information on Appeal Procedures for  
Misdemeanors (form CR-131-INFO) to know your rights and 
responsibilities. You can get form CR-131-INFO at any courthouse, or 
county law library, or online at www.courts.ca.gov/forms.htm.
•
Fill out this form and make a copy of the completed form for your records.
Take or mail the completed form to the appellate division clerk’s office. It is 
a good idea to take or mail an extra copy to the clerk and ask the clerk to 
stamp it to show that the original has been filed.
•
•
This form is only for requesting to waive (give up) oral argument in a 
misdemeanor case. 
•
You fill in the name and street address of the court 
that issued the judgment or order you are  
appealing:
Superior Court of California, County of
You fill in the number and name of the trial court  
case in which you are appealing the judgment or  
order:
Trial Court Case Number:
Trial Court Case Name: 
The People of the State of California v.
Appellate Division Case Number:
You fill in the appellate division case number (if 
you know it):
Clerk stamps date here when form is filed.
Your Information1
a.
Party’s lawyer (skip this if the court has permitted you to represent yourself in this appeal):   b.
Name: State Bar number:
Street City State Zip
Street City State Zip
Phone: Email:
Fax:
Street address: 
Mailing address (if different): 
Mailing address (if different): 
Street address: 
Name of party requesting to waive oral argument:             
Street City State Zip
Street City State Zip
Phone: Email:

New January 1, 2020 CR-138, Page 2 of 2
Signature of party or attorney
Date:
Type or print your name
Notice of Waiver of Oral Argument  
(Misdemeanor)
2
Appellate Division 
Case Name: 
Appellate Division Case Number:
NOTICE 
 
Except in cases that raise no arguable issues under People v. Wende (1979) 25 Cal.3d 436, in all misdemeanor 
appeals, the court schedules oral argument. Parties may waive oral argument by filing a notice of waiver of oral 
argument within 7 days after the notice of oral argument is sent. 
 
If all parties in the case waive oral argument, the court may vacate the oral argument and take it off the calendar. If 
the court vacates oral argument, you will receive notification from the court. 
 
If not all parties waive oral argument, or if the court does not accept the waiver request, the court will not vacate oral 
argument and it will remain on the court's calendar. All parties will be able to participate in the oral argument, 
including any parties who previously requested a waiver.
Request to Waive Oral Argument (check (a) or (b)):
b.
a.
The appellate division has permitted me to represent myself in this appeal. I have read this form and I am 
requesting to waive oral argument. I understand that by signing this form, I am waiving (giving up) 
the opportunity to appear in court and argue the case. I also understand that if all parties waive oral 
argument and the court accepts the waiver and takes the oral argument off the calendar, the court will 
decide the appeal based on the briefs and the record that were submitted.
I am the appellant's attorney. I have read this form and I am requesting to waive oral argument. I 
understand that by signing this form, I am waiving the opportunity to appear in court and argue the case 
on behalf of my client. I have informed my client that I am waiving oral argument. I also understand that 
if all parties waive oral argument and the court accepts the waiver and takes the oral argument off the 
calendar, the court will decide the appeal based on the briefs and the record that were submitted.

Retrieval chunks

• #1

  Form ID: CR-138 Title: Notice of Waiver of Oral Argument (Misdemeanor) Effective Date: 2020-01-01 Mandatory Form: no Info Page: https://selfhelp.courts.ca.gov/jcc-form/CR-138 Primary Download URL: https://www.courts.ca.gov/documents/cr138.pdf Form Detail Page: Notice of Waiver of Oral Argument (Misdemeanor) (C…

• #2

  New January 1, 2020 CR-138, Page 2 of 2 Signature of party or attorney Date: Type or print your name Notice of Waiver of Oral Argument (Misdemeanor) 2 Appellate Division Case Name: Appellate Division Case Number: NOTICE Except in cases that raise no arguable issues under People v. Wende (1979) 25 Cal.3d 436…