So I filed motion to compel discovery, wife’s attorney responded and then I replied. I thought once the Court reviews everything (which hasn’t happened yet) then a hearing would be scheduled? Now her attorney is filing a motion for oral argument? What does that mean? This back and forth is ridiculous!?
Hearings typically are not set for discovery motions. But it looks like the opposing counsel requested one. Usually the court reads the motion, response, and reply and enters its ruling to grant or deny the motion. Oral argument will be an opportunity for each side to, well, argue the merit of the motion and provide any additional information the judge might need to decide this.
It’s not clear why the opposing counsel might believe oral argument is required. Discovery disputes usually can be easily briefed. It’s possible you said something in the reply the attorney worries about or perhaps it’s a concentrated effort to enlarge the conflict and cost of this dispute because the prevailing party can ask for attorney’s fees under Rule 65.
Either way, you may want to consult with an attorney to go over the dispute, the briefs, and what you should do to prepare if oral argument is set.
You can call or text (480) 550-8697 for a free consultation or visit www.hallunderwood.com for more information. The material on this website has been prepared and published for informational purposes only. There is no effort or intention to solicit new clients or new engagements from existing clients by way of this website; nor should any of the information published on the website be construed as representing any of our lawyers' availability to practice in jurisdictions where they are not authorized to do so. Our attorneys are licensed to practice only in Arizona. None of these materials are offered, nor should be construed, as legal advice. Communication of information by or through this website and your receipt or use of such information is not intended to create an attorney-client relationship with Hall Underwood or any of the firm's attorneys. The creation of the attorney-client relationship would require direct, personal contact between you and our firm through one or more attorneys and would also require an explicit agreement by the firm that confirms that an attorney-client relationship is established and expresses the terms of that relationship. You should not act or rely upon information contained in these materials without specifically seeking professional legal advice from an attorney licensed to practice in your jurisdiction.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline