Of course it’s a “self-serving declaration”! Why else would I file it?!

Frustrated Male Judge With Gavel And BookIf you lose a motion and rail against the stupidity of the judge, that’s just viewed as sour grapes. But today I was in court for a hearing, and it was the case BEFORE mine that raised my hackles, so I can rant with impunity. (And yes I won my motion, so this isn’t indirect sour grapes either.)

I mostly hear this refrain from opposing counsel, but judges sometimes make the same stupid remark. That remark is referring to a declaration as “self-serving”, and arguing that it should be disregarded on that basis. In reality, if you are filing declarations that aren’t self-serving, you are doing something horribly wrong.

Let me give you the facts of the case in question so you’ll see what I’m talking about. Continue reading