Celebrating 10 years! 2007-2017

Waiting for motion argument Ama

This is a civil part, state court, so many sad sacks. trollfeeder04/12/17
Is it more often than not a situation where the Judge or his yankeebirdie04/12/17
Depends on the Judge and the issue. Some judges are super fo trollfeeder04/12/17
Never heard of a Judge that allows his or her law clerk to t specv31304/12/17
trollfeeder (Apr 12, 2017 - 10:13 am)

This is a civil part, state court, so many sad sacks.

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yankeebirdie (Apr 12, 2017 - 10:20 am)

Is it more often than not a situation where the Judge or his/her law clerk will do most of the talking? How would you advise a newly admitted attorney who will soon be making his/her first appearance? Thanks.

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trollfeeder (Apr 12, 2017 - 12:33 pm)

Depends on the Judge and the issue. Some judges are super formal and will let the sides give full oral arguments. Other Judges will know the papers ahead of the date, already has decided what they are going to do, and just let each side make record.

Motion arguments aren't created equally, some are vastly more important than others. I think my best advice for new attorneys is to not scorch the earth over every issue, play nice with opposing counsel, and it will typically benefit you into the future.

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specv313 (Apr 12, 2017 - 12:54 pm)

Never heard of a Judge that allows his or her law clerk to talk from the bench. I'm pretty sure having a clerk speak on behalf of the court directly from the bench would violate some judicial canon.

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