How do you file a response to a responsive declaration in a family law matter?

Asked almost 4 years ago - Roseville, CA

My ex filed a response to my Notice of Motion to modify visitation 10 days prior to our court date. She is within the time limit for filing a response, but I would like to file a reply to her response. Is there time to file and what is the form number used to file?

Attorney answers (1)

  1. Nadine Marie Jett

    Contributor Level 16

    Answered . Check Code of Civil Procedure section 1005 " All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing."

    There is no form for the "Reply" Usually it is typed up on pleading form, however, I have seen in pro pers use the Responsive Declaration form, and cross out Responsive, and write in "Reply."

    Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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