Dave, we don't allow filings "out of time" in CA. A reply is optional and must be timely. A motion for reconsideration is the way to get stuff in front of the court that might have been missed (either legal or factual) in the original filings. But the questioner indicates his time has passed for that... I write the comment only to clarify CA procedure in this regard. Wouldn't want the questioner to get his hopes up with the possibility of an "out of time" filing. Good point on the malpractice consult...malpractice attorney might be able to help figure a way out of the mess, too.

Thanks for that clarification.

I should be clear that I do not suggest that California has a specific rule allowing the filing of documents "out of time." Rather, it has been my observation that as part of the "common law" of many judge's operation, such filings are allowed for "good cause shown" as part of the "unwritten" rules of court.