How long do you have to reply to a response to a motion?
Asked by: Rico Tremblay | Last update: June 2, 2025Score: 4.2/5 (50 votes)
The opposing party has 14 days to REPLY to your Response from the date you hand delivered it to them, or 17 days from the date you mailed your Response to them. See “How to Calculate Time” above. o The other party may file a REPLY or they may simply file a REQUEST FOR CONTESTED HEARING.
How long does a judge have to respond to a motion?
Sometimes, the Judge makes a decision right away. If not, the Judge has 60 days by law to decide the motion.
What is the difference between reply and response to a motion?
A Response will address the Motion and provide the party's position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the party's position on the points raised in the Response.
How long do you have to reply to a motion in federal court?
The response must be filed within 10 days after service of the motion unless the court shortens or extends the time. A motion authorized by Rules 8, 9, 18, or 41 may be granted before the 10-day period runs only if the court gives reasonable notice to the parties that it intends to act sooner.
How long to reply to a motion to compel?
Notice of a motion to compel further responses must be made within 45 days of the service of the “verified response.” (See Code Civ. Proc., §§ 2030.300, subd. (c) [interrogatories], 2031.310, subd. (c) [requests for production], 2033.290, subd.
A Motion in Opposition to a Response in Reply
How long do you have to file a motion for reconsideration?
The deadline to file a Motion for Reconsideration will be a certain period of time after the judge has issued the order that you would like to have reconsidered or after you are served with the order, often between 14 and 30 days. You may want to speak with a lawyer in your state about the time line to file a motion.
What happens if someone doesn't respond to a motion to compel?
Courts enforce their orders by imposing sanctions on a party who fails to comply. Sanctions can be monetary, such as requiring one party to pay the other parties attorneys' fees and/or imposing a monetary fine, or they can hamper a party's ability to put on their case.
How long to file an answer after a motion to dismiss is denied?
Currently, the time to answer a complaint after a district court has denied a motionto dismiss is 14 days. See Federal Rule of Civil Procedure 12(a)(4)(A).
What does rule 27 mean?
Federal Rule of Civil Procedure 27 permits depositions to perpetuate testimony “about any matter cognizable in a United States court” but the federal rules do not contain a provision regarding pre-complaint discovery generally.In jurisdictions where rules exist on pre-complaint discovery, they can be a valuable tool to ...
What is a return date on a motion?
The date on which something is due. In the litigation context, this may, for example, refer to the date on which: Either discovery responses must be served or the requested documents must be delivered to the party seeking discovery.
What is the rule of 27?
When you do the math, 9 x 3 = 27, and that is where the name Marketing Rule of 27 comes from. This means from an advertising perspective you have to ensure your message is generated 27 times so it will resonate with and be retained by potential customers.
What happens when a motion is denied?
The court will then decide as to whether the motion is granted or denied. If the motion is granted, it means that the document or proceeding in question is declared invalid or void. If the motion is denied, the document or proceeding remains in effect, and the case or legal process will continue.
Which is better response or reply?
"Reply" is probably better when you're texting your friends like, "Please reply to the invitation by tomorrow." Sounds much more natural. "Respond" would be good at work when you're using like work email for something or when you're on the phone as well. Using this is much better for business situations.
Can a judge ignore a motion to dismiss?
A motion to dismiss might be delayed if there is a question as to whether or not the party with the burden of proof can make a prima facie showing of their case. If it is a close call from the pleadings a judge may allow the plaintiff the opportunity to make that case (or not) before ruling.
What is the lazy judge rule?
If the court fails to rule, on a motion of a party, commonly referred to as the Lazy Judge rule, the case may be withdrawn from the trial court judge and transferred to the Supreme Court for assignment to a Special Judge to decide. In most cases, it is not prudent or wise to file a lazy judge motion.
How do you win a motion in court?
- Make an Outline. ...
- Keep Your Motion Simple. ...
- Maintain Credibility. ...
- Mind Your Citations. ...
- Focus on Facts. ...
- Keep Your Intro Short. ...
- Respect the Opposition. ...
- Write in English, Not Legalese.
What does Rule 69 mean in court?
A Rule 69 Agreement allows the parties to settle some or all of their disputes privately, leaving only the unresolved issues to be resolved by the family law court. Common disputes settled ahead of divorce trial proceedings are visitation, parenting time, child support, and how to divide assets.
How long does it take a judge to rule on a motion to dismiss?
It is difficult to provide an exact answer to this question, as the amount of time it takes for a judge to rule on a motion to dismiss can vary depending on a number of factors. Generally, it can take anywhere from a few days to a few weeks for a judge to reach a decision on a motion to dismiss.
What does Rule 40 mean in court?
Setting Cases for Trial: Rule 40 provides that cases are set for trial by the court without action by the parties, which means the court itself schedules trials based on its calendar and procedural readiness of the cases.
What happens if you don't respond to a motion to dismiss?
If the Court is presented with a colorable argument in a motion to dismiss, and the plaintiff fails to respond to that motion, the Court will assume that the plaintiff concedes the insufficiency of its complaint.
What happens if motion to reopen is denied?
(a) You may appeal the decision denying a motion to reopen to the authority head by filing a notice of appeal with the authority head within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal must stay the initial decision until the authority head decides the issue.
Can you appeal a denied motion to dismiss?
Appeals from denials of motions to dismiss are generally limited in scope and focus on legal issues rather than factual disputes. The standard of review for these appeals often involves determining whether the lower court made an error in applying the law.
How many days to respond to motion to compel?
However, sanctions are “mandatory” against the late responding party if the requesting party has to file a motion. [CCP 2033.280(c)]. Deadline 45 days: Motion to Compel must be filed within 45 days from insufficient response [See Above].
Why would a judge deny a motion to compel?
Your attorney must either accept this decision or appeal it and continue pursuing the material through other legal channels. A judge might deny a motion to compel for several reasons, including: The requested information was not essential to the case. The opposing party already produced the requested material.
What happens if discovery responses are late?
What happens if I am late serving my responses? Missing the deadline to serve your responses has a couple of effects: You waive (give up) any objections to the discovery requests. This means that any answers served must contain no objections to the questions.