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BE SENSITIVE TO ANSWERS Right to a Hearing. Appellant claims that the district court erred in not conducting an evidentiary hearing. He is wrong. In

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Right to a Hearing.Appellant claims that the district court erred in not conducting an evidentiary hearing. He is wrong. In the first place, motions do not usually culminate in evidentiary hearings.SeeFed.R.Civ.P. 43(e) (court may "hear" motion and determine ancillary facts on affidavits or depositions). Second, we regularly turn a deaf ear to protests that an evidentiary hearing should have been convened but was not, where, as here, the protester did not seasonably request such a hearing in the lower court. This appellant knows the rule at first hand.SeeAoude,862 F.2d at 894(a matter can adequately be "heard" on the papers so long as "the parties ha[d] a fair opportunity to present relevant facts and arguments to the court, and to counter the opponent's submissions") (discussing necessity for hearing on preliminary injunction);see alsoMorales-Feliciano v. Parole Board,887 F.2d 1, 7 (1st Cir.1989)(civil contempt finding does not require evidentiary hearing when none requested below);cf.Beaulieu v. United States Internal Revenue Service,865 F.2d 1351, 1352 (1st Cir.1989)("it is a party's first obligation to seek any relief that might fairly have been thought available in the district court before seeking it on appeal").

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