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A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
If one party to a case has filed a motion with the court, the other side can file an ?opposition.? An ?opposition? is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other side's request.
You must respond to the request and swear under oath that your response is true. Then you'll deliver your response to the other side's attorney (or to the other side, if they don't have an attorney).
Unless your written response includes only objections without any factual assertions, it must be verified. This means it must include a statement under the penalty of perjury that your response is true and correct. (CCP § 2031.250). Failure to include this verification has the same effect as not responding at all.
Topics Covered: hide 1.1 # Don't ask what you already know. 1.2 # Don't Talk (too much) 1.3 # Don't pop the question, yet! 1.4 # Don't jump in without an agenda: 1.5 # Don't miss the pain points : 1.6 # Don't just call: 1.7 # Don't assume :