Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hi and welcome to JA.I am Ray and I am a licensed lawyer and will be helping you tonight.
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.
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.
I need to make sure I can in Hawaii, can you answer that for me?
You argue there are material fact issues.And yes you can file an outline here with the judge and other party.
And then you can go over them in court during oral argument.
When you say here do you mean Texas or Hawaii?
Hawaii here where your motion is pending and your responses.The court woudl consider it part of your response to their motion.
If you can show any disputed fact issues here at all they loose and it goes to hearing on the merits.
what form would it be in? is it somewhat informal or do I need to have filing cations etc,?
Any of their actions or pleadings leave fact issues again it goes to trial.
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.
There is really no premade form for this you will have to draft and improvise a bit here.
It doesn't hurt to file more paper to try and supplement to your prior pleading.
You are so welcome.