The California Second District Court of Appeal on Monday set oral arguments in the case for Dec. 10.

Polanski's attorneys asked the court to order a Los Angeles Superior Court judge to decide a motion to dismiss the case against the "Chinatown" director, regardless of whether he is present in a Los Angeles courtroom. The judge refused to rule on the dismissal motion earlier this year.

The appeal was filed before Polanski's arrest in September. He is wanted in the U.S. for having sex with a 13-year-old girl in 1977 in Los Angeles. Polanski fled the country before sentencing.

His French attorney has submitted a new bail offer to a Swiss court to try to free the filmmaker.