jdfkl Posted August 7, 2013 Report Share Posted August 7, 2013 I'm preparing for a hearing on a motion. In order to give my oral arguments strength I want to include case law. However, in the hearings on motions I've attended in the past, no one has ever used case law --- as the setting is somewhat informal, and more of a back-and-forth banter. Can anyone give me some tips on interjecting case law in a way that solidifies my argument, while remaining appropriate to the tone of an informal hearing? Thank you! Link to comment Share on other sites More sharing options...
hot in az Posted August 7, 2013 Report Share Posted August 7, 2013 What is the Motion?/ Link to comment Share on other sites More sharing options...
jdfkl Posted August 7, 2013 Author Report Share Posted August 7, 2013 It is a motion to lift a stay. JDB is trying to get out of J@ms forum. Link to comment Share on other sites More sharing options...
Huey Pilot Posted August 7, 2013 Report Share Posted August 7, 2013 I was once told by a Judge that he had nothing to "hang his hat on" or that he could rely to rule on my points at issue. Local case law does just that. It gives proof and foundation for your points of contention. Every motion should include an attachment or memorandum of points and authorities for the Judge to rely on. If you do a Google scholar search on any related subject in your State you will find numerous cases where case-law is integrated in the statements or comments regarding various points as well as rules of civil procedure backing up your defenses. Utilize some of those techniques in your own language verbally. Verbally a typical phrasing might be something like the following: Your honor " In Asset Acceptance v. Jones; OR 379, 152 2003, Judge Wordsworth ruled that etc........" supporting Defendants motion to dismiss, etc..... HP 1 Link to comment Share on other sites More sharing options...
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