What actually happens during summary judgment hearing)

[Noreturn]

Any advice for first timers? Do I get an opportunity to speak, object to evidence, supplement defenses and opposition? Can a opposing party bring up disputed fact(s) and or objections not referenced to in opposing memorandum? Are there any motions the defendant in a debt buyer collection case should understand and prepare for? Any other pointers? Is a desicion made immediately? 

[Harry Seaward]

The decision will very likely be rendered the same day.  SJ hearings in debt collection cases are not all that common, actually, and most of the time the courts issue SJ rulings with no hearing.  Chances are the court has already made up its mind, but wants to clarify some details before issuing its order.  The court will probably let the plaintiff's attorney speak first, since it's their motion, then give you a chance to rebut any info the attorney had to say. It will probably go back to the plaintiff to respond, and then back to you.  The court won't give endless volleys, so get your main points out front.  You can bring up any info relevant to your argument.  Also pay attention to what the plaintiff's attorney has to say, so you can pick the 'big ticket' arguments apart first and let the less important ones go if you can't get everything in.  

[Noreturn]

I see, do any witness need to be present?

[Harry Seaward]

They don't need to be, no.  Do you have witnesses you would call?  The plaintiff will almost certainly be relying solely on the affidavits for its testimony during the hearing.

[BV80]

1 hour ago, Noreturn said:

I see, do any witness need to be present?

In Golay v. Loomis, 118 Idaho 387, 797 P.2d 95 (1990), we addressed this issue when we stated in footnote three that "the correct analysis of I.R.C.P. 56 is that it does not allow for oral testimony to be heard at the time of hearing on a motion for summary judgment." Golay, 118 Idaho at 391 n. 3, 797 P.2d at 107. In other words, I.R.C.P 56 forecloses the use of oral testimony at a summary judgment hearing. Lindsey v. Cook, 139 Idaho 568, 570, 82 P.3d 850, 852 (2003).

[Harry Seaward]

32 minutes ago, BV80 said:

In Golay v. Loomis, 118 Idaho 387, 797 P.2d 95 (1990)

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Where in the world do you find all of this time to be able to locate these cases??  You are amazing.

[BV80]

8 hours ago, Harry Seaward said:

Where in the world do you find all of this time to be able to locate these cases??  You are amazing.

LOL.  Thank you, Harry, but it’s not so amazing.  If applicable rulings exist, I can find them pretty quickly if I use the right search terms.  

It would be even better if I would make a categorized list of the citations I’ve located, but that would require me to remember to do so.  ?

[Harry Seaward]

1 hour ago, BV80 said:

I can find them pretty quickly if I use the right search terms.

Finding the cases is just the beginning. It's actually reading through the ruling to know it's what you need, and then finding the nuggets of goodness that takes the time. For me at least. I also have a hard time staying focused and not clicking on all of the other cases i come across along the way.