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CR-138Optional

Notice of Waiver of Oral Argument (Misdemeanor)

California · Judicial Council of California · Effective January 1, 2020

This form is used in a misdemeanor appeal to tell the court that the person filing it does not want to speak in court about the case. Instead, the court will decide the appeal using only the written papers and records that were already submitted.

The court describes it as: 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.

Open the official PDFfrom Judicial Council of California

Where this fits in a case

Motions

Stage: Motions

This form is used when a person is appealing a misdemeanor case and wishes to give up the chance to argue the case in person before the court of appeal.

Either party may file.

Official instructions

How-to guides published by the court for this form.

Common questions

Who should fill out this form?
The form can be filled out by the party appealing the case or by the party's lawyer. You must fill out a copy for your own records.
What happens if I file this form?
If all parties waive oral argument and the court accepts the request, the court may decide the appeal using only the written briefs and the case record.

Revision history

No changes recorded since we started tracking this form on October 9, 2026. The current version took effect January 1, 2020.

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