Today I worked on a 1.904(2) motion. It’s also known as a Motion to Enlarge, which is kind of like saying to the judge, “hey, I know you’ve already entered your ruling, but you kind of forgot something.” Sometimes the judge says something like “hey, you know, you’re right. I totally forgot. Here, let me fix it.” Othertimes, he or she says something to the effect of “Um, no. I didn’t forget. I didn’t want that in my order. Deal with it.”
It’s an interesting motion, because I suspect that it gets misused quite often by attorneys whose clients are less than pleased with a ruling but who don’t really have a basis to get anything changed. I heard one argued recently by another attorney who really wasn’t asking the judge to reconsider any legal or factual issues that were raised in trial but not ruled upon, which is the real purpose of the motion. This guy went on and on (for almost 10 minutes!) about things that supposedly happened after trial. Even if that were proper to begin with, he didn’t have any actual evidence of what happened — it was just him ‘testifying,’ so to speak.
I wasn’t impressed. Thankfully, the judge wasn’t either, and the motion was denied.
Note to self: don’t pull that kind of crap when you’re an attorney. You look bad in front of the judge, the other attorney, and potentially the law clerk who is there to observe. You can’t really honestly tell your client that it was worth their 200 bucks an hour, and it is a waste of the court’s time. There is a difference between puffery and actual advocacy for your client. Learn where that line is, and stick to the right side.
Who needs summer classes? I’m pretty sure I’m learning plenty (and as an added bonus, I get PAID for it!).