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Can I file a reply to a reply?

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. 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, rates and retainers vary based on need and ability to pay.


  2. 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 intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.


  3. 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 impossible to predict what any given Court will do on any given day, and even more so when the attorney does not have the full set of facts or any information about the case history, the history of the Court's involvement, and the Court's prior rulings in the specific matter. So, this answer should be taken with the foregoing restrictions.


  4. 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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