[WSBARP] Litigation Help and Reality Check

[scott at scottgthomaslaw.com]

It's unusual, but because CR 7 does not require a formal response to a
motion, I don't think you have grounds to have the declaration struck.  I
think I would reply, and point out that the response, such as it is, is not
helpful to the court.  If this is a small, semi-rural county located in the
northwest portion of the state, chances are it is going to come in anyway.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Wednesday, July 11, 2018 12:20 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigation Help and Reality Check

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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