Pleadings and Motions
Motion Practice
The reply addresses the opposition's arguments. New arguments are generally improper, and courts disregard or strike material that should have appeared in the opening brief.
Reply length limits are typically shorter than opening briefs.
Alternative Names:
Reply, Reply in Support
Why it Matters?
Raising a new argument in reply deprives the opponent of a response and courts disregard it, which means the opening brief must be complete rather than reserving points. Sandbagging by withholding the strongest argument for reply is both improper and ineffective. The reply's value is in addressing the two or three points the opposition made most effectively, not in restating the opening position.
Frequently Confused with
Related terms
Frequently asked questions
Can new arguments be raised in reply?
What makes a reply effective?
