Can I file a reply to a reply?

Asked about 1 year ago - Los Angeles, CA

Petitioner filed a brief reply and I want to file a reply to her reply before our next hearing. Is this allowed? Is there a code that specifies the time frame to file this by? Someone told me 5 court days and someone else told me 2.

Attorney answers (4)

  1. Wail Sarieh

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . There is no such thing a reply to reply, you can file a supplemental declaration and hope that the court will consider it. There is no code about this, it would be up to the court to accept or deny your filing. However, that does not mean that the court will not consider testimony and evidence you want to present at the time of the hearing.

    This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not... more
  2. Michael Charles Schwerin

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Generally, there is a motion, a response and a reply. There is no further filings or pleadings without the Judge's permission.

    Michael Schwerin, San Jose, California phone: 408-295-4232 email: schwerin@ix.netcom.com. Consultation fees,... more
  3. David J Glass

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Additionally, ask for live testimony at the hearing (must be one in advance) and you can get the additional information before the court that way.

    The posting and response to this online question does not create an attorney-client relationship. Further, it is... more
  4. Tristan Tegroen

    Contributor Level 3

    1

    Lawyer agrees

    Answered . Wail gave a great answer. Under FC 217 you can introduce additional testimony at an RFO hearing - this legislation was made to help those that did not file all they needed to file. Third party testimony needs to be noticed in the form of a Witness List. Sometimes hearings are dragged out - when there is a long passage of time and fast moving action, the courts will most likely consider a supplement is it provides new information.

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