Who is eligible for a moot?
Any attorney who will be arguing a civil case before the California Supreme Court is eligible. The moots are scheduled on a first-come, first-served basis, meaning that the moot goes to the first counsel who requests it after the invitations are sent to all parties in the case. CAAP moots only one side in each case. For cases heard before other appellate courts, CAAP may offer a moot based on the circumstances.
How do attorneys request a moot?
Attorneys will be invited to participate in a moot shortly after the Court has notified the parties that the case is ready to be placed on calendar. The Court typically sends this notice a few months before scheduling the specific date and time for the argument. After the Court issues this initial notice, CAAP sends out email invitations to all attorneys listed on the Court’s docket. For consistency, CAAP tries to send out the email invitations on the Friday after the Court issues its notice letter, but this timing may vary. The emails are sent out simultaneously to all parties. The first party to respond is given the moot.
CAAP extends invitations in most, but not all, civil cases. Occasionally, CAAP is not able to offer a moot because of capacity or conflicts constraints. When several cases receive notice of oral argument around the same time, CAAP will stagger the invitations to ensure enough time and focus for each case to be mooted. In such instances, CAAP prioritizes cases that involve certified questions from the Ninth Circuit Court of Appeals and cases of significant public interest. If CAAP has additional capacity, it will extend invitations to cases that were not initially offered moots closer to the time of the oral argument.
When and where are the moots held?
The moots are typically held on the UC Law SF campus or by zoom, based on the preference and availability of the attorney being mooted. For on-campus moots, participants who are unable to join in person can join by zoom.
How do the moots work?
The moots consist of two segments: a traditional question and answer session, followed by an informal discussion of the issues and the effectiveness of the arguments. Attorneys who will be mooted should prepare a few talking points to start off the mock oral argument and give the panel of judges a sense of the main points they intend to cover. The moots typically take an hour to an hour and a half. Participants often wear business casual, and the attorneys being mooted are welcome to wear suits or more casual attire, depending on their preference.
The panel of judges typically includes a UC Law SF professor with subject-matter expertise and two to three experienced appellate attorneys. Prior to the moot, attorneys will be provided with a list of the panel members upon request.
Because the date for the oral argument is announced only three weeks ahead of time, scheduling the moot requires flexibility on the part of the attorneys being mooted and the panel members. The moot is typically scheduled for the week before the oral argument, at a mutually agreeable day and time.
Who can attend the moot?
The attorneys being mooted are welcome to include any members of their team in the moot. For attorneys who will be sharing oral argument time, the moot provides a unique opportunity to test out the division of time and topics and to determine whether any adjustments should be made. In keeping with CAAP’s educational mission, a small number of law students will be permitted to observe the moot. The panel members and the CAAP Director are the only other attendees. Any other attendee needs permission from the CAAP Director, in consultation with the attorney being mooted.
Does the program provide moots for criminal cases?
At this time, CAAP does not have the capacity to regularly offer moots in criminal cases.
What is the purpose of CAAP and the moots?
CAAP seeks to serve both the bar and the bench by improving oral argument before the California Supreme Court. For attorneys who are new to the Court, the moot gives them a sense of what to expect, and for experienced attorneys, the moot gives them a chance to sharpen their arguments. The moots are provided free of charge, as a service to the legal community and in keeping with the educational mission and strong moot court tradition of UC Law SF.
What is the cost?
Although moots are currently offered free of charge, donations to CAAP are strongly encouraged to help us continue our work.
What are the confidentiality and conflict of interest rules?
Prior to the moot, CAAP confirms the following:
- Panel members have run a conflict check and confirmed that they and their clients do not have any interest adverse to the party being mooted; and
- All participants and observers have agreed to keep the moot proceedings confidential to allow for and protect a free exchange of ideas and nonpublic information during the moot.
