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Can I file a reply to the Defendant's answer to my motion in the NJ Superior Court, Special Civil Part?

Paterson, NJ |

I am a self-represented Plaintiff in a civil litigation involving breach of contract. I recently filed a motion with the NJ Superior Court, Special Civil Part. The Defendant then filed an answer, which contained several important errors and omissions. Am I able to file a reply to the Defendant's answer to my motion? I did not request oral argument and so am afraid that if I do not reply to the Defendant's answer to my motion, I will not have an opportunity to set certain facts straight for the judge.

Attorney Answers 3

  1. Best answer

    Yes you can file a reply and you can request oral argument, if you wish. Court may not grant it. Defendant is not entitled by court rules to file any further papers.

  2. yes you can file a reply to his opposition. He cannot then file any reply to your reply.

    Attorney answers to questions are for general purposes only and do not establish an attorney-client relationship. There are always specific facts that are important for an attorney to review before providing advice to a Client. In no way should you rely on the response provided herein to conduct your legal affairs on your own. You should always hire an attorney before you rely on advice provided.

  3. Pursuant to the court rules, you are able to file a response to the Defendant's reply. In addition, the defendant may only file a response to your reply only if he/she obtains permission from the Court. In the event, the Defendant does file a "sur reply" to your response without permission from the Court, in all likelihood the Court will probably consider it when making a determination.

    The information is for general information purposes only. Nothing from this comment should be taken as legal advice for any individual case or situation. This information does not create and does not constitute an attorney-client relationship or a prospective attorney relationship.

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