Mediterranean Constr. Co. v. State Farm Fire & Cas. Co.

Opinion

CROSBY, J.

The summary judgment statutes repeatedly speak of a “hearing” on the motion. There are time limits for when the hearing may be held and provisions allowing evidentiary and other objections to be raised “at” the hearing in lieu of a written submission.

We interpret these provisions to require an oral hearing at which counsel has the opportunity to persuade the court and respond to its inquiries. This means more than posting a ruling on a locked courtroom door or telephoning litigants with an ex cathedra decision. A “hearing” on summary judgment involves the contemporaneous…