Oral arguments

[JerseySeagull]

Super quick rundown so far: Accident happened in 2001. Trial and conviction in 2004 won appeal in 2005 for a new trial. Retried and convicted in 2010 (five flippin years later!!). Appealing yet again (destroyed evidence being the main factor). This time however, it is taking MUCH longer. Both briefs finally filed and answered June 2012. Awaiting schedule for oral argument.

Here are my questions:
My lawyer seems to be taking his sweet time filing for oral arguments. Is there a time frame?
I found out that there is a 6-12 month wait for arguments. He was supposed to file to expedite, but has not as of yet. Is THAT too late?
Are oral arguments always granted or can they just decide based on the written record?
Has anyone ever pleaded out while awaiting appeal? is it even possible?
Is there anywhere to find out a very specific, detailed explanation of the appeals process from beginning to end, including oral arguments that can answer the minutia of questions I have?
Sorry to be such a bother but i'm just not getting any answers!

[JerseySeagull]

Any ideas? Anyone?

[CenTexLyn]

You are in the middle of election AND vacation season...if you have judges elected through the regular election processes (such as we do in Texas), then it is not at all uncommon to see slowdowns right now...not to mention staff, to include the Justices, taking vacations.

Not being familiar with practice in your jurisdiction, I cannot say whether there is an additional step involved in the request for oral arguments. Other places simply have the simple request included with the Brief submitted by a party in the case...and no, there is generally no requirement that a request for oral argument be granted.

It is not at all uncommon to see some appellate actions sitting on a docket for more than a few years. It takes time. It is also important to remember that, as long as it is pending on a docket, it has not been denied...patience is a MUST when it comes to the legal process.