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You are entitled to file a reply declaration In district court, oppositions must be filed and served no later than one day before the hearing on the motion. You need to file and serve this pursuant to ccp 1005
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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. There is no need to reply to an opposition, generally you can address it at the hearing 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.
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? I was told the reply of defendant to the opposition to their demurrer is due 5 court days before the demurrer hearing What usually is the expected reply
What if th e reply is not filed the 5 court days before the hearing, what is next steps?thank you. 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. 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 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
Since you filed the motion you can file a reply to the certification and tell the court the why your motion should be granted.
