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Appellate Practice

May 5, 2004

Oral Argument Earns High Place at Summary Judgment

Focus Column - Litigation - By Paul D. Fogel and Benjamin G. Shatz - A motion for summary judgment is probably the most important pretrial proceeding in any lawsuit. When granted, the motion ends the litigation; when denied, it signals a trial may be in the offing. Small wonder, then, that summary judgment procedure is of paramount interest to litigators, who need to ensure the judge who considers their arguments will not only read them but also hear them.

Paul D. Fogel

Judge (retired) Reed Smith LLP

Appellate Law

101 2nd St Ste 1800
San Francisco , CA 94105

Phone: (415) 659-5929

Fax: (415) 391-8269

Email: pfogel@reedsmith.com

UCLA SOL; Los Angeles CA

Paul D. Fogel is a partner in Reed Smith LLP's Appellate Group, and served as the group's leader from 2012 to 2015

Benjamin G. Shatz

Partner Manatt, Phelps & Phillips LLP

Appellate Law (Certified), Litigation

Email: bshatz@manatt.com

Benjamin is a certified specialist in appellate law who co-chairs the Appellate Practice Group at Manatt in the firm's Los Angeles office. Exceptionally Appealing appears the first Tuesday of the month.

A motion for summary judgment is probably the most important pretrial proceeding in any lawsuit. When granted, the motion ends the litigation; when denied, it signals a trial may be in the offing. Small wonder, then, that summary judgment procedure is of paramount interest to litigators, who need to ensure the judge who considers their arguments will not only read them but also hear them. This is undoubtedly why the issue of the right to oral argument on a summary judgment motion has been ...

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