Am I able to file a response to a reply?

Asked about 1 year ago - Castle Rock, CO

My ex spouse filed a motion to modify parenting time in which I filed a response to. I just received a Reply to the Response. Am I able to file a reply back to that or is there anything else I can do or do I wait for a hearing to be set from here?

Attorney answers (3)

  1. Stephen Clark Harkess

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . The Rules of Civil Procedure do not actually provide for a sur-reply. If you feel you need to respond, you should ask the Court's permission when filing such a document.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  2. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Mr. Rich is right on point. As a former judge, I would tell you that length is NOT strength. You do not need to file lengthy pleadings and you do not need to respond to every reply. It is what judges seriously refer to as a "royal pissing match" and it bores and ticks off the judges. I am just telling you this for your own benefit. In domestic cases, because of no right to a jury, you definitely do not want to tick off the judge. Judges have lots of cases and a very limited attention span. So, unless you are seriously needing to correct some fabrications or have some new points that you forgot to map in your initial pleading, then think twice about filing the sur-reply. Best wishes on your case.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  3. David M. Rich

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Yes, it is called a sur-reply. It is best to try to keep in brief and limited to replying to their reply, as the courts are diluged with paperwork.

    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado.... more

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