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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38256
Experience:  Texas Attorney for 30 years dealing in real estate
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CAN I PROVIDE AN OUTLINE OF MY HEARING ARGUMENTS TO THE OPPOSING

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CAN I PROVIDE AN OUTLINE OF MY HEARING ARGUMENTS TO THE OPPOSING PARTY AND THE JUDGE AT THE HEARING FOR SUMMARY JUDGEMENT. I VE ALREADY FILED AND SERVED MY MEMORANDUM IN OPPOSITION BUT JUST RECEIVED THE REPLY TO MY MEMORANDUM. I WOULD LIKE TO REBUT THE REPLY BUT HAVE NO TIME TO FILE PRIOR TO THE HEARING.

RayAnswers :

Hi and welcome to JA.I am Ray and I am a licensed lawyer and will be helping you tonight.

RayAnswers :

You can file an outline of your arguments to the judge here and the other side.You are not required to do so but it is possible.This would also be a great means of organizing your arguments for the court and to make sure you cover them here in oral argument.

RayAnswers :

If you have the time you can certainly do this to better organize your arguments for your presentation to the court.Remember the other side here has the burden to show that a summary judgment is proper.

Customer:

I need to make sure I can in Hawaii, can you answer that for me?

RayAnswers :

You argue there are material fact issues.And yes you can file an outline here with the judge and other party.

RayAnswers :

And then you can go over them in court during oral argument.

Customer:

When you say here do you mean Texas or Hawaii?

RayAnswers :

Hawaii here where your motion is pending and your responses.The court woudl consider it part of your response to their motion.

RayAnswers :

If you can show any disputed fact issues here at all they loose and it goes to hearing on the merits.

Customer:

what form would it be in? is it somewhat informal or do I need to have filing cations etc,?

RayAnswers :

Any of their actions or pleadings leave fact issues again it goes to trial.

RayAnswers :

I would title it defendant's supplemental response to motion for summary judgment.You would be supplementing your prior pleading with additional information and summary.

RayAnswers :

There is really no premade form for this you will have to draft and improvise a bit here.

Customer:

Thanx

RayAnswers :

It doesn't hurt to file more paper to try and supplement to your prior pleading.

RayAnswers :

You are so welcome.

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