MEDITERRANEAN

The summary judgment statutes repeatedly speak of a “hearing” on the motion. There are time limits for when the hearing may be held and provisions allowing evidentiary and other objections to be raised “at” the hearing in lieu of a written submission.

We interpret these provisions to require an oral hearing at which counsel has the opportunity to persuade the court and respond to its inquiries. This means more than posting a ruling on a locked courtroom door or telephoning litigants with an ex cathedra decision. A “hearing” on summary judgment involves the contemporaneous presence (whether in person or electronically) of the parties and a judge.

While judges retain considerable discretion to limit oral argument, they cannot do away with it altogether. There is a fundamental difference between demanding brevity and imposing silence.

We reverse to allow the parties to speedily resolve the central question in this coverage dispute regarding a defectively constructed condominium project: Who owned the property when it sustained tangible property damage? This issue may be properly resolved by summary judgment.

I

Joseph Campobasso, the president and sole shareholder of the…