Often when you are in legal action and you or the other side brings a motion or response or even at trial of a case, at hearing the other attorney will begin to argue issues or facts never raised in his written pleadings. Not being an attorney, you don’ t have any way on the spur of the moment to know if he is right or not or how you would refute him.
When that happens you cannot let him begin to do that or you will loose on that point for sure.
One way to stop him is the following objection:
--Opps Attorney starts making arguments that were not in his written filings—
Your honor, opposing counsel is raising issues and arguments that were not a part of his written brief.
There is no way I can be expected to make response to this. I have no way to research the law to know what my response would be and opposing counsel should be barred from trying to present this.
If he is going to be allowed to do it. I would ask the court for 10 days to make a response before it makes a ruling on this hearing or that this argument be stricken from consideration by the court today.
With this, you have foundation for appeal on this point alone. The rules don’t let them do it and you and the appeals court should not allow them to do it either. If there are questions we will try and answer, Dr Weatherly
On another very important subject let me add something.
Most people don't understand this, but God was in Christ paying for all our sins on the cross and its over and done and finished and He's not angry with us about anything any more.
The Bible says, He is for us, not against us.
He died in our place to purchase us for Himself and if you'll give in to Him, there's nothing He won't be able to do in your life.
I know, I have been with Him for 41 years.
And when we finally leave this world, we'll live with Him forever,
if we belong to Him.
If you need to think about that or you have someone in mind that does, I'll be glad to talk with them. My number again was 662-489-6554. I just wanted you to know that.
Dr. Weatherly