I have a motion to dismiss hearing coming up. In your experience, do judges read all the paperwork in a motion, or do they just rely on the oral argument?

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That’s very judge specific. In my experience, most do but some don’t. I write every motion with the intent that a judge could rule on the pleadings themselves and the oral argument is a mere formality. If there’s something I intend to relay to the court, I make sure it’s in my motion.

With that said, at the outset of a hearing I will throw in a quick reference to “as outlined in our motion…” which usually gives the judge an opportunity to cut me off and say “I’ve read your motion” and then I know I don’t have to go through every detail. If the judge doesn’t indicate they want the brief version or I have to go through it anyway to protect the record before a court reporter, then I will walk through every point in my motion.

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Depends on venue and judge in all honesty.

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