11.19.2007

Live From A Boring Hearing Room

Just saw the following while cooling my heels at a driver's license hearing in Fort Worth. It was a motion to set aside a default judgment (meaning that a lawyer failed to attend a previous hearing because he was stuck in a Dallas court - he had tried to call and even had tried the Dallas judge try to call to explain his absence.)

So the hearing starts out with the judge chewing out the lawyer for not filing a motion for continuance in writing. Its brutal. 'That's been the rule for 13 years!' Sheesh. I feel sorry for the guy who can't get a word in edgewise.

So then the judge asks DPS if they oppose the reinstatement. They don't. So the case gets reinstated. I'm not sure why the chewing out was necessary.

Anyway, the lawyer then asks the judge if she wants to see an affidavit from Judge Hoffman to prove he was tied up in a Dallas court. Good grief, man. She reinstated the case. Just shut up.

The judge says 'no' but tells DPS to go forward with its evidence.

The lawyer says 'wait, I thought we were here today only on the motion to reinstate. I didn't know we would have the hearing if the case was reinstated. I need to subpoena some witnesses.'

Judge tells him that that the order granting a hearing on the reinstatement clearly stated that it would happen. So DPS goes forward with its evidence (which is the police report.)

DPS will win this hearing. It's like a default judgment all over again - except the lawyer is in the room watching it.

2 comments:

Anonymous said...

and of course we all feel sorry for the poor little lawyer.... such a sad, sad story.

Anonymous said...

when it comes to TX dps, just follow the money.