Monday, October 06, 2008

Just Wing It With My Mad Oral Skills.

The judge had all the attorneys write a motion. It was interesting to take opposition's case law and work it against him. I figured the judge would rule on the motion and take things from there.

NO!

The judge wanted oral summations of our motions, the case law, the potential testimony from witnesses (I didn't know we had any witnesses), and then he would take it from there. What I anticipated to be a 30 to 45 minute hearing at most was instead around 90 minutes. I wasn't ready for a oral summation. Luckily my motion only referenced two cases so I compared and contrasted the two cases with the situation at hand. I also invoked equity. When in doubt invoke the secret judicial power of equity and fairness. At that point the judge asked everyone a question, and no one had an answer. It was such a minor procedural question it wasn't even in our files. It was minor to all, but the judge. Oh crap!

I've been stalled for over 3 months. I want this case to move forward so I can finally do something one way or the other.

No comments: