What is the name of your state (only U.S. law)? Florida
I have filed a pro-se motion for dismissal based on an exception to the dangerous instrumentality doctrine. I stated cases to support my position, which the opposing attorney has had time to review prior to the hearing. I fully expect him to state other cases to support his position, which of course I will have no time to review. Can I ask the judge for a continuance to study his cases before I respond, or do I have any rights or other solutions? I will have subpoenaed witnesses already there that cannot return.
Rvidair,
I am also a pro-se (plaintiff). Here's my experience from federal court in New York with regard to motion hearings: the U.S. district judge handling my case requires the making of any motion via (single-spaced) letter not to exceed three pages; the party opposing the motion submits a letter under the same requirements; and each letter contains the cases supporting the respective positions. No reply (third letter) is allowed without the court's permission. In other words, you should have an opportunity to see what your opponent is hanging his hat on. And with regard to tranquility's points, no, I never knew in advance what (inapposite) cases the other side would throw up until I saw their responding or initiating letter for a hearing. And no, I have not lost the lawsuit nor do I expect to.
At one point, however, with regard to a third oral hearing (by phone), I did mention in one of my letters that I would prefer the judge to decide the motion(s) without an oral hearing because, as you recognise, a pro-se faces several disadvantages: (a) the opposing lawyer has access to paid case-law databases such as WestLaw that you won't probably have; (b) if a big law firm, the lawyer will also have sophisticated software that can track down cases rapidly, even while on the phone (or in court); and (c) anything said in an oral (telephonic) hearing will require a subsequent and expensive transcript for the pro-se to buy if he wants to appeal the decision later on. I made these (a) through (c) arguments, and the judge seemed to agree because he then cancelled a scheduled oral hearing on cross motions for summary judgment. Instead, as I asked, he is deciding just on the papers submitted.
With regard to your hearing, there should be sufficient time between the other side's submission and the hearing date for you to research the published cases on Google Scholar. In federal court, the other side must provide non-published (WestLaw) cases to a pro-se opponent so that you can see what their points are. If the judge has granted ample time between submissions and hearing date, but your own schedule is inconvenient, ask for a continuance, or even request an "adjournment
sine die" (cancellation) by making the same (a) through (c) arguments above. As for witnesses you want to attend, what about just getting their declarations, signed under penalty of perjury, attesting to whatever facts you ask them about? I'm sure they would prefer that to going to court.