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Am I able to file a response to a reply?

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. 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 Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

  2. 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 his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

  3. 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 Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.