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- How do I reply to a Responsive Declaration Motion in Family Law to put . . .
You are entitled to file a Reply Declaration You need to file and serve this pursuant to CCP 1005 All papers opposing a motion must be filed with the court and served on all other parties at least nine court days before the hearing date, and reply papers must be filed with the court and served on the other parties at least five court days before the hearing date (see California Code of Civil
- What is a sur-reply? And is it the same as a reply memorandum . . .
So is for instance a reply memorandum in support of a motion to dismiss a sur-reply or would the plaintiff's response to that reply memorandum be one What is considered fully briefed? Where does that process start? Is the complaint considered a motion and the motion to dismiss is then a response to it?
- Can the defendant file a reply to a response in opposition to a . . .
In MINNESOTA State Court the law says, " The moving party may submit a reply memorandum, limited to new legal or factual matters raised by an opposing party's response to a motion " I hope this helps
- In California Superior Court what is the ls the last day for filing a . . .
A reply to a reply (really a sur-reply) to a demurrer--Wow! As a general rule, even though a sur-reply is technically possible under the rules, try not to do this
- Do I answer a reply to cross motion? If so, how soon. Is it legal if . . .
I just got a reply to my cross motion by email from his lawyer It's 8 days before our court date How or do I even answer his reply in writing or is it now time to just say it to the judge? It's filled with lies and I have proof but only 8 days before court It was a reply to a cross motion I guess this could go back and forth every day
- Can I reply to a reply affirmation in support of motion? - Legal Answers
But generally speaking, sur-reply papers are not permitted without leave of court However, if there is a brand new affidavit submitted on reply it should either (1) not be considered by the court in support of motion; or (2) you can ask the court for permission to submit the sur-reply to address that affidavit only
- When responding to an opposition to a motion from opposing counsel, do . . .
Your reply brief does not necessarily need to address every single issue raised by a party in its opposition However, if the court agrees with the opposing party's arguments, and you haven't refuted all of them in your written reply, you will have missed your best opportunity to refute them While you might be able to make an oral argument at the hearing, by the time you get to that stage
- What happens if the other partys opposition to my motion was filed 8 . . .
Your option is to file a merits reply If the delay caused you prejudice, so that your opposition is late, your reply should include a declaration to that effect so that the court will consider your reply Only in rare cases will the court refuse to consider a late filed opposition -- a decision on the merits is usually preferred Good luck
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