New Hampshire Appellant's Partial Objection to Motion to Waive Oral Argument
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FAQ
21 provides that misjoinder of parties is not ground for dismissal of an action, and that parties may be dropped or added by court order on motion of any party or of the court's own initiative at any stage in the action and on such terms as are just.
Effect of a Rule 12 Motion - Absent a court order setting a different time, a Rule 12 motion extends the time to file a responsive pleading until 14 days after the court's denial of the motion or deferral to trial or, if more definite statement ordered, 14 days after service of the more definite statement. FED.
Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute.
You've written a motion and submitted it to the court. The court has set it for oral argument - now what? Read the rules. Know the judge. Review your written motion. Shepardize your cases again. Review opposing counsel's written motion. Note cases that are directly opposed to your argument. Prepare your argument.
Overview. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
You simply need to request that the court deny the defendant's motion to dismiss. For example, you could write the following: For the foregoing reasons and all the others discussed in Plaintiff's Complaint, the present Motion to Dismiss should be denied.
Fill out the forms. You have to fill out at least 2 forms, maybe more, to file your opposition. File the forms. Turn in your completed forms by mail or efiling. Serve the other party. Get ready for the hearing. Prepare an order.
And it delays issuance of the decision. (Many courts give you a quicker decision if you waive oral argument.) So why do it? If you can't think of a good reason to orally argue the case, you'll serve your client better by waiving it.
The judge will either grant or deny the motion. If it is granted, the case is over and the defendant wins. If the motion is denied, as it usually is, the defense is given the opportunity to present its evidence.
