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The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence. The Court will enter an order in which the judge either grants or denies the motion.
The response may agree with or oppose the action requested. If the response opposes the action requested, it must contain the reasons for opposing the motion and must include supporting evidence. The Court will enter an order in which the judge either grants or denies the motion.
Surreplies are meant to provide the moving party with the opportunity to respond to matters that could not have been raised in the movant's opposition brief.
Filing a response is an important first step for any defendant in a civil lawsuit. By filing a response, you establish that you are contesting the case and requiring the plaintiff to prove their case at trial in order to win.
Answer: a defendant's response to a plaintiff's initial court filing (called a complaint or petition). An answer normally denies some or all of the facts in the complaint and sometimes includes allegations or charges against a plaintiff, called a cross-complaint. It may also include affirmative defenses.
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.
(4) A reply to the opposition shall be served and filed by the moving party not less than five days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. (5) Evidentiary objections not made at the hearing shall be deemed waived.
reply is an additional reply to a motion filed after the motion has already been fully briefed. It is an addition ?Uhuh!? if you will. Following a motion being fully briefed (that is the motion, response, reply, and if one is permitted, surreply) have all been filed, the court will usually do one of two things.