Generally speaking, if a party requests the opportunity to make a legal argument, due process means listening to that argument before rejecting it.


Sure. But how many times do you have to listen to the same request with different arguments?

Dismiss before trial because the evidence is insufficient. Denied.
Dismiss before trial because I'm running for office. Denied.
Dismiss during trial because someone did something. Denied.
Dismiss after both sides rest and before the jury verdict because the evidence was insufficient. Denied.
Dismiss after the verdict because the jury erred in their verdict. Denied.
Dismiss after the verdict because I'm further along in the process of running for office. Denied.
Dismiss after the verdict because the USSC made some ruling. Waiting on this one.
Dismiss after the verdict because I won the election. Just made today.

At what point does this become a vexatious litigant? At what point does the judge hold you (or your counsel) in contempt for making frivolous arguments and/or motions?

Yes, you need to listen to arguments. But if you don't cut off arguments at some point, they will go on forever and you'll never close the case.

--Peter