How long to argue MSJ? Opposing counsel wants to request a half day which seems insane to me. Cross MSJs. I told him no matter how complicated these motions are judge is not going to want to listen to us for more than maybe an hour—even that seems too long.

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If a hearing on an MSJ takes more than an hour or so then there is probably something wrong with your briefing. Hearings aren’t meant to re-hash the entirety of your arguments in your briefs. They’re for highlighting the main points, clearing up any ambiguities, and answering the judge’s questions.

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Echoing A1 and JLC1 and sort of combining to say, it depends. The judge I clerked for normally took everything on the papers. If we scheduled a hearing, it’s because we wanted to hear more about something or talk something through. But we’d already read the briefs — and probably started drafting a decision — so get to the point. Other judges might have a different approach, however — I know by reputation there are some out there who don’t even read the briefs (at least not before a hearing).

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I can’t remember the last time I had a hearing last longer than an hour.

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This is highly dependent on the judge and the case itself. I once had to present my full argument in support of an MSJ to “create the record” where the other side wasn’t actually allowed to argue (they had really pissed the judge off multiple times by failing to comply with orders). It took me around two hours and it wasn’t particularly complicated, I just went through it methodically.

I’ve spent an entire morning (around 4 hours) arguing SJ motions in a complicated case. Some judges are extremely hands on and ask lots of questions, and take back and forth arguments. Half a day is reasonable.

Less is more. Think about the legal standard. The more you talk the more ammunition your adversary has to concoct disputes of fact. A long-winded legal argument is your worst enemy at summary judgment, regardless of case complexity.

Thanks for the responses. State court in case that matters.

Longest hearing on one motion took from 9:30 to 3, with a lunch break. CA state court, complex wage and hour case.

Good grief what is there to talk about for that long

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