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You are entitled to file a reply declaration Is there any time limit on their response? You need to file and serve this pursuant to ccp 1005
All papers opposing a motion must be filed with the court and served on all other parties at least nine court days before the hearing date, and reply papers must be filed with the court and served on the other parties at least five court days before the hearing date (see california code of civil. We filed a motion to dismiss (lost note) in feb 09 and still no response from bank What is considered fully briefed
Where does that process start
Is the complaint considered a motion and the motion to dismiss is then a response to it? I just got a reply to my cross motion by email from his lawyer It's 8 days before our court date How or do i even answer his reply in writing or is it now time to just say it to the judge
It's filled with lies and i have proof but only 8 days before court It was a reply to a cross motion i guess this could go back and forth every day. In minnesota state court the law says, the moving party may submit a reply memorandum, limited to new legal or factual matters raised by an opposing party's response to a motion. i hope this helps. Clarity on crc rule 3.1113 (d) and length of reply to an opposition
10 pages or 15 pages
California rules of court (crc), rule 3.1113 (d) provides Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. A reply is generally due five court days before the hearings date for most noticed motions The averments you mention — if they are contained in an opposing declaration — may implicate the need for evidentiary objections and those require specific form and substance under the court rules, evidentiary laws and codified rules of evidence.
You can file a reply unless the court set a briefing schedule on your motion with granting you leave to reply to the response Judges typically do not like it when movants reargue what is in their motions so limit the reply to the arguments in the response you did not address in the motion. I was out of town for a few weeks, and when i returned, i noticed i had received a jury summons in the mail This was after the deadline when i was supposed to register for
What are the possible legal consequences and what can i do in my defense?
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