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When i file a motion and opposing side files affirmation in…

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when i file a motion...
when i file a motion and opposing side files affirmation in opposition, do I need to prepare 'reply papers'?
Submitted: 4 months ago.Category: Consumer Protection Law
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4/2/2018
Consumer Protection Lawyer: LegalPro, Lawyer replied 4 months ago
LegalPro
LegalPro, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 14,561
Experience: Consumer protection attorney with significant experience in fraud prevention.
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Hello and thank you for your new question.

Reply briefs are generally optional. Any reply would need to be limited to arguments raised in the opposition brief--you cannot raise new arguments for the first time in a reply. So, if there is nothing that stands out in the opposition brief as something you need to address, there is generally no need to file a reply brief.

I hope this helps.

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Customer reply replied 4 months ago
If I decide to proceed with a reply brief, do I need to file it with a motion clerk or just bring it in for the motion hearing?
Consumer Protection Lawyer: LegalPro, Lawyer replied 4 months ago

You file it in advance. The rules of civil procedure vary by locality but usually it's a few calendar days before the hearing that the reply is due. If you want to provide your state, I can try finding the rule that dictates when the reply would be due...

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Customer reply replied 4 months ago
New York. Kings County Supreme.Thank you
Consumer Protection Lawyer: LegalPro, Lawyer replied 4 months ago

Here is the rule:

Rule 2214. Motion papers; service; time

(a) Notice of motion. A notice of motion shall specify the time and place of the hearing on the motion, the supporting papers upon which the motion is based, the relief demanded and the grounds therefor. Relief in the alternative or of several different types may be demanded.
(b) Time for service of notice and affidavits. A notice of motion and supporting affidavits shall be served at least eight days before the time at which the motion is noticed to be heard. Answering affidavits shall be served at least two days before such time. Answering affidavits and any notice of cross-motion, with supporting papers, if any, shall be served at least seven days before such time if a notice of motion served at least sixteen days before such time so demands; whereupon any reply or responding affidavits shall be served at least one day before such time.

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Customer reply replied 4 months ago
How do I call the reply papers: affirmation of reply brief, reply brief, reply documents?
Consumer Protection Lawyer: LegalPro, Lawyer replied 4 months ago

Typically you would call them a "Reply Brief" or "Plaintiff's Reply to Defendant's Opposition."

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