Defendant filed a Motion to Dismiss. I opposed thier motion. They have filed a response to my opposition. Can I file a response to their response? They have raised some issues in their response which I want to address.
Country relating to Question: United States
State (if USA): Texas
Hello and thank you for the question. I am sorry to read of this dilemma. You need permission of the court. No harm in preparing it and seeking to submit as an effort to correct misstatements and help the court adjudicate the motion!
So, I can not file it on my own? How to get a permission from court? I have been filing responses and motions without asking for court's permission first. Is this scenario/situation a little different?
I would submit it and note in opening being done to correct record and help the court. It can use it and rely on it within its discretion. If good points raised usually not ignored.
I am having a little trouble in understanding your first line of response. Could you please explain it a little bit more or differently? Are you stating that I should submit it???
I would submit it. I would explain why you are doing it in the opening do court understands and reads it. Cpurt reads such sur replies when provide new points.
I am sorry a little trouble in understanding 'Cpurt reads such sur replies when provide new points'. There is a typo, could you please clarify this?
Court reads the sur reply. The sur reply is the reply to the reply. It will do so when sur reply raises new arguments and points rather than repeating ones already made.
The defendant is raising same points again and again. In my opposition I explained all of those but they still come back to where everything started from in each and every response of theirs. Not sure how to address this issue. Should I mention this distraction they are causing in the sur reply?
Yes briefly note that their reply is adding nothing new and confirm that the motion should be denied and has wasted judicial time and resources.
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