Frank Giampietro asked 3 weeks ago
Hi Brian,
I spoke with you about my case with Velocity Investments last month. They hit me with a Motion for Summary Judgement and then the judge cancelled my pre-trial and bench trial and set up a Non-Oral Hearing for 9/29. I did respond to their motion (thank you Parker GPT) and I was curious should i attend this hearing? It said its not necessary but what would you do in my place (non-attorney advice of course)?Frank Giampietro
1 Answers
Frank Giampietro answered 3 weeks ago
Thank you sir for the detailed answer, it is greatly appreciated! If he rules against me, I can appeal is what you are saying or should I request a oral hearing before he rules?
Brian ParkerSee above answer. Thank you.
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So, usually that means the court has set a motion to be decided on the briefs alone with no input from a hearing from either side. Is that what you believe is happening in your situation. Judges do this for two reasons. One, they don’t want to be help accountable for their decision in person. That’s human and also not their job to avoid the demands of the people that vote for them or seek help or justice (both sides deserve, at least in a fair system). It is also away to get you and your case out of their hair (cancelled all the other stuff). If you have not filed for your own summary motion to win, the judge is sending a signal (some would argue) he intends to rule against you-why do they need the pre-trial or bench trial on a case if you are going to lose. Secondly, they are doing it for judicial efficiency to avoid wasting the time of both sides and just relying on the briefs.
If you want an oral hearing, you can ask the court clerk (keep the other side informed). Or, make a motion to have oral arguments. I know what you are thinking: You don’t want to have to appear in court. I get this. If you have a sense that the court is going to be fair and you have done a good job supporting your defense or case and poking big holes in the other side’s case, then some would avoid the hearing. Remember, no hearing, no court record. If the judge is preparing a court opinion on how he arrived at his decision, then some would let the judge do their job and hope you did yours and the system is fair.
From my experience and 30,000 above this looking down, the cancelling of the other stuff is not good for you (if their is no motion of yours to decide upon and therefore, I would seek a court record (transcript for appeal) that the oral hearing brings so how he ruled and is in writing. This is just my two cents. I hope this helps educate you on what may or may not be happening. Thank you.