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How Long Does Amicus and Supplemental Briefing Typically Take in Non-Death Penalty Criminal Cases?

By Kirk Jenkins on January 4, 2020

In this post, we’re addressing the typical lag times involved between the end of party briefing in non-death penalty criminal cases and the filing of the final amicus or supplemental brief.

Because amicus and supplemental briefs are considerably less commonplace in criminal cases than they are in civil cases, the numbers show a lot of variability. The average was 173.14 days in 1990, 66.45 in 1991, 213.58 in 1992, 277.18 in 1993, 139.74 in 1994, 320.4 in 1995, 304.18 in 1996, only 85.17 in 1997, 404.09 in 1998 and 181.6 days in 1999.

The average lag time from reply to amicus/supplemental brief was 170.1 days in 2000, 158.33 in 2001, 240.5 in 2002, 137.73 in 2003, 221.05 in 2004, 237.19 in 2005, 490.88 in 2006, 410.4 in 2007, 178.5 in 2008 and 169.1 in 2009.

The average lag time from reply to amicus/supplemental brief was 272.06 days in 2010, 140.82 in 2011, 348.86 in 2012, 143.3 in 2013, 208.33 in 2014, 385.21 in 2015, 184.09 in 2016, 58.25 in 2017, 519.67 in 2018 and 732.09 days in 2019.

Join us back here on Thursday as we turn our attention to a new question.

Image courtesy of Flickr by Leandro Neumann Ciuffo (no changes).

  • Posted in:
    Appellate
  • Blog:
    California Supreme Court Review
  • Organization:
    Arnold & Porter Kaye Scholer LLP
  • Article: View Original Source

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