I write much better than I would speak in a courtroom. But I want to be certain I maintain a proper record for appeal if necessary. So, must I re-argue each of my defenses during the oral argument hearing? Can I not rely on my brief to support my issues for appeal? Otherwise, what is the purpose of all the work put into writing the brief?
Jeffrey W PlazaDivorce / Separation LawyerNewark, NJ ·
Most judges do read all of the motion papers in advance of the oral argument and will state that fact on the record. In those instances, judges appreciate a focused oral argument that emphasizes and amplifies the key points of your position without repeating the entire brief. That is especially true on busy motion days with multiple applications. The judge may also pose questions to you about your arguments and why the opposition arguments of your adversary, if presented, should not prevent the court from granting your motion. As such, you should be prepared to field such questions. If you get through your argument without being interrupted by the judge, you may want to offer to answer any questions he or she may have before concluding your presentation.
A motion for summary judgment says, "Even if everything my opponent claims is true, he still loses". So, you must examine your arguments, and see if you argued everything necessary to win. It can get very technical and you may need to consult with a lawyer. For example, if you are arguing an intentional action, and you fail to say in your complaint that he intended to do something, you lose.
Good luck being pro se. Most Judges will just want a synopsis of the brief so hit the salient points. Some Judges will ask if oral argument is requested and some Judges do not take any argument but rely solely on the papers.
Michael A. KaplanPersonal Injury LawyerMarlton, NJ ·
I am assuming this matter is in New Jersey. Motions for Summary Judgment, as well as all non discovery motions, must have a request for oral argument. If you or your opponent have not requested oral argument then, the matter is heard on the papers. If you are making a Summary Judgment motion, you are telling the Court that there is no factual dispute and that the matter can be determined on the papers you are providing. If either of the parties have requested oral argument the, Judge in the case may have questions for you and you should be ready to defend your position. I have seen many parties just say that they will rely on their brief and have no argument, however, you should try and get a sense as to how the Judge is leaning before you determine whether so say something or not.
