I filed a Motion to Tax & Strike Costs. Adversary filed an Opposition to my Motion to Tax & Strike. Do I now file a Reply? Likewise, I filed a Memo of Costs, adversary filed Mtn to Strike, I filed opposition...do they now file Reply?
Yes you should a reply to the opposition challenging your Motion to tax Costs. You want the judge to read your arguments last before the hearing. Concerning your Memo of Costs that was challenged, as my colleagues stated, it is not required that the other party file any further papers in reply to your opposition. Clearly, you should be prepared to argue the matter at the hearing. Listen carefully to the judge and their views of the issue presented and then confine yourself to addressing those issues and the important ones raised by your opponent. Consult with an experienced attorney who can best advise you how to approach the hearing.
Generally speaking, there is no obligation to file a Reply to an Opposition to a Motion. A Reply to Opposition is optional. Typically, a Reply would only be necessary if the Opposition raises a point not addressed in the Motion and/or if the Opposition makes an erroneous or unsupported argument. A Reply to Opposition should not merely repeat what the moving papers say. Keep in mind that the deadline for filing and serving the Reply to Opposition is five court days prior to the hearing on the motion.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Motions can be opposed, and then the moving party can file a Reply to the Opposition. It isn't required, and shouldn't be filed just to repeat what has already been said in the motion.
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