Legal Question in Business Law in Florida

Testimony vs. Argument

I'm confused because the judge's assistant said no ''testimony'' would be heard at my MSJ/Pre-Trial Hearing. But, the MSJ is to be heard before the Pre-Trial. If no ''testimony'' will be heard/given, then what will be? (Thank you to Alan Wagner for replying to my earlier question, by the way.) I guess my question is: Is there a difference between giving testimony and giving an argument in support of one's motion? Secondly, since it is MY MSJ, should I be preparing an argument (Again her ''no testimony'' comments confused me)? Sorry for all the questions, but many thanks to anyone who may be able to reply.


Asked on 5/29/09, 5:20 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Testimony vs. Argument

Feel free to e-mmail me directly.

At a motion for summary judgment no testiomony is taken. The testimony -- by deposition or affidavit -- must already be in the court record. You can argue the effect of the testimony, but you cannoty present new testimony, affidavits, documents, etcetera. Come prepared to discuss what is already filed and the law that applies. You can file an affidavit to "add" testimony to the record, but do so well before the hearing (plan on a week before).

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Answered on 5/29/09, 7:11 pm


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