Bourne v. Western Clinic

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that Rule 12 does not require an oral hearing before a court rules on a motion to dismiss, only that a party “be given the opportunity to present its views to the court”
• affirming the district court's reliance on an affidavit of service stating that an envelope had been placed in a mailbox on a particular date
• explaining that neither the Due Process Clause nor Federal Rules of Civil Procedure require oral argument on a motion to dismiss, such that “decision whether or not to hold an oral hearing on a motion to dismiss lies in the sound discretion of the trial court”
• “[T]he decision whether or not to hold an oral hearing on a motion to dismiss lies in the sound discretion of the trial court.”
• “[N]o oral hearing is required by the Due Process Clause” for “motions to dismiss in civil cases.”
• “Every circuit to consider the issue has determined that the ‘hearing’ requirements of Rule 12 and Rule 56 do not mean that an oral hearing is necessary, but only require that a party be given the opportunity to present its views to the court.”

Source: CourtListener parenthetical corpus (CC0).