Pleadings and Motions
Motion Practice
The opposition responds to the movant's arguments and may raise additional grounds for denial. Deadlines are set by local rule, typically running from service of the motion.
Arguments not raised in opposition may be treated as conceded.
Alternative Names:
Response Brief, Brief in Opposition
Why it Matters?
Failing to address an argument is frequently treated as conceding it, which makes complete response necessary even on points that seem weak. Courts routinely note that an unaddressed argument stands unopposed. The opposition should also state affirmative grounds for denial rather than only responding, since a court considering the motion benefits from the alternative framing rather than only rebuttals.
Frequently Confused with
Related terms
Frequently asked questions
What happens to arguments not addressed?
Should opposition raise affirmative grounds?
