[WSBARP] Litigation Help and Reality Check

[Paul Neumiller]

The motion is for presentation of proposed order and judgment (based on earlier decision pronounced from the bench) and request for supplemental attorney fees.  Opposing Attorney objects to supplemental atty fees.  I'm inclined to agree with Mr. Thomas that the judge will allow it anyway, especially when CR 7 and LCR 7 do not specifically require a response.  I imagine opposing attorney would argue that his Declaration was the "Response."  
 

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Justin Monro
Sent: Wednesday, July 11, 2018 12:44 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Litigation Help and Reality Check

Paul:

Is this a CR56 motion? Likely ok to respond to the motion thru attorney dec. However, the response should be timely. 

Helpful to know what type of motion.

Thanks,

Justin Monro
Attorney at Law 
-----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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