RangerGD

Motion w/o Oral Arguments - Need to be There?

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I filed my response and opposition to the plaintiff's motion for default judgement. The motion date is set for this Wednesday @ 9:00 AM, but is being heard without oral arguments. I am wondering, as the defendant do I need to be there? If I don't need to be there, is there a chance something might come up that could negatively impact me if I wasn't there?

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Not every motion deserves or receives oral argument. This is procedural, they don't need to clog up the system over something this innocuous with argument. It is procedural, the judge will decide. If you made a valid argument you should be good to go. If the decision goes against you, file a motion to reargue / reconsider, but do it through us so it gets done right. You have a lot of posters from your area, especially KentWA, and a lot of us with general knowledge about procedure. And Chianti. Bruno likes Chianti and the law. Not necessarily in that order.

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I am not in Washington anymore, but cut my teeth, got a few wins and got a lawyer disbarred in Washington. :) A few things have changed since I moved, but not too much.

*Usually*, things like this are scheduled on the calendar so the judge knows to take care of those during that particular day. Often times it is not even in the court room. However in some courts it is taken care of in the court and if any party shows up, then it can be discussed. I would call the judges clerk and ask if you can attend or if the matter is handled outside of a normal hearing. Just make sure you pose your question like you want to be there, other wise they will just keep saying you do not need to be there.

I saw a Family Law case that was without oral arguments where the opposing lawyer went on and on trying to convene the judge he was right when the judge told him he was inclined to deny the motion. Since defendant was not there guess who go the win? This was in King County Superior Family Law Section and Family Law court there is full of Cowboy judges and Robber Baron Plaintiff Lawyers, but I would not give the other side any possible chance of winning anything.

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