You do not have to have a written argument. However, it is often a good idea to do a brief written argument that explains your case, especially if you want to include more detail than what is in your petition. It is useful to get some legal advice on your argument if possible, even if the lawyer cannot represent you at the actual judicial review hearing.
Your written argument should be short and to the point. You should number your pages and paragraphs. Your argument should explain:
- what orders you are asking the court to make;
- the main facts you are relying on and where the judge can find evidence about those facts in the affidavits or other documents filed in your case;
- the error(s) you think WCAT made; and
- any statutes, court cases, or other legal sources you are relying on.
You need to give the other parties a copy of your written argument. There is no set deadline for doing this but it is best to give it to the other parties at least two or three weeks before the hearing so they can respond if they want to. If you don’t give the other parties enough time, they may ask the judge to adjourn (put-off or delay) the judicial review hearing until a later date. The best thing to do is just call or email the other parties, or their lawyers, and agree on a timeline for giving each other written arguments. Usually, the person who filed the petition gives everyone their written argument first. Then everyone else can respond.
There is no need file your written argument separately in the court registry ahead of time. The easiest way to get your written argument to the judge is to put it as a tab in your petition record (see below). If you do not put your written argument in your petition record, you will have to hand it to the court clerk to give to the judge at the start of your judicial review hearing.
This is a blank written argument that you can download and fill in: Blank Written Argument