[WSBARP] Litigation Help and Reality Check

[Paul Neumiller]

Hey Listserv, this is slightly off-topic but I would appreciate a little guidance regarding litigation.  In a civil case, I have filed a motion for a hearing.  Opposing attorney DID NOT file a formal Response but rather filed a Declaration of Attorney in Response [to my motion].  Is this proper?  It seems that opposing attorney needed to file a Response opposing my motion (even if only a single page) and then file the Declaration in support of the Response.  Should I attempt to bounce the Declaration at the hearing because it is improper and doesn't support anything or is this one of those things where the judge will probably allow it anyway and the judge would have already read the Declaration anyway.  BTW, the relief sought is discretionary so the judge could rule against me even if there is no formal opposition.  Any thoughts?  Attempt to bounce the Declaration of Attorney or let it slide and argue the merits?  Thanks for your input.  


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