The Third Circuit Court has denied his motion for an oral argument, RadarOnline.com has exclusively learned.
As Radar previously reported, Real Housewives of New Jersey star Teresa's husband pleaded with the court on November 12 to give him an oral argument after the court decided to cancel the initial hearing date.
But the court is not budging.
On Tuesday, November 19, a court order sent to Giudice's attorney informed the 49-year-old fraudster that he would not be getting a chance to explain his side in court.
Having the opportunity to present an oral argument in front of the court could make or break the case, experts have claimed.
Judge Michael Kavanagh, who served on the Appellate Division of New York State Supreme Court for nearly seven years, explained the importance of an oral argument in a 2017 essay.
“I witnessed firsthand the impact (both good and bad) oral argument can have on the outcome of an appeal,” Judge Kavanagh wrote in a NAM law publication. “Always ask for oral argument if it is permitted on an appeal. It represents the only opportunity practitioners will have to discuss with the court the issues that have been raised by the appeal before the appeal is actually decided. If done well, it has been my experience that, an effective oral argument can serve to put your client’s position in a more favorable light than what is reflected in the briefs. And, at the same time, address any questions members of the court may have about your position.”
As Radar readers knows, this is Joe’s final chance to come back to the U.S. after being deported to Italy last month.
Sadly for his daughters, it doesn't appear things are going his way.
His marriage is also in trouble. As Radar exclusively reported, Teresa is still leaning toward filing divorce papers, and is not sure she will return to Italy with her daughters for a Christmas visit.