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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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QUESTION FOR LUCY ONLY Hi Lucy In the following scenario,

Resolved Question:


Hi Lucy
In the following scenario, Plaintiff serves a motion, Defendant serves an oppositionto the motion, what should Plaintiff do next if he objects to the opposition and has something to argue about ?

Option 1: wait for the hearing and object at the hearing
Option 2 : object immediately by serving responses or what kind of document (?) to the Defendant
Option 2 : object to the opposition in some form before the hearing when an order setting the hearing is issued, like serving a timely memorandum to Defendant ?
Submitted: 3 years ago.
Category: Legal
Expert:  Lucy, Esq. replied 3 years ago.

Typically, a party only files a reply to the party's opposition to a motion if the court gives him permission first. You may want to look at whether your particular court has local rules that would make filing a reply without leave of court allowed.

Usually, a party that disagrees with arguments stated in a party's opposition raises those arguments at the hearing on the motion. Only documents that are filed would be served on the other party. It's not common to make an opposing party aware of arguments that will be raised at a hearing if they are not stated in the original motion, opposition, or reply filed with the judge's consent.
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