legal filing question
Hi. I have a legal question.
My father is involved as a Plaintiff in a pro se case for breach of contract. The trial was held in October, 2002. The Judge made a ruling in January, 2003, judgment for neither the Plaintiff nor the Defendant. Basically, neither party proved their case.
The Defendant filed a Motion for Reconsideration. My father responded. The Defendant filed a Reply in Support of Motion for Reconsideration. Should my father respond/reply to their Reply? Or does it end there?
The case is set for hearing on 3/28.
Any help you can give me would be greatly appreciated.
1 Answer from Attorneys
Re: legal filing question
A reply should end things. Typically, the way "briefing" works is that the movant makes the initial motion, the other party files a response and the initial movant has the last word with a "reply."
If, for example, the movant adds brand new material in the reply, such that his opponent would not have had an opportunity to address the issue in his response, then the opponent can file a motion with the court for leave to file a surreply.
One other thing you should consider: If your father wants to appeal the court's decision he only had 30 days within which to do so. I don't believe (although I'm not 100% sure) that the filing of the motion for reconsideration by his opponent would toll the time to file an appeal for him. You'd need to check the rules for the answer to the question -- but it might be something your father might want to consider.
-- Kenneth J. Ashman; www.AshmanLawOffices.com
This communication is intended for informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, can only be created by execution of a formal retention agreement.
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