Pleadings and Motions
Motion Practice
A sur-reply addresses arguments or evidence first presented in a reply. Most courts require leave, granted where the reply raised new matter the opposing party had no opportunity to address.
Filing without leave is improper in most courts.
Alternative Names:
Surreply, Sur-Response
Why it Matters?
Leave is granted where the reply genuinely introduced new argument or evidence, which is also the ground for moving to strike the reply material instead. Choosing between the two is a strategic decision, since a sur-reply lets the court consider the new material with a response while striking removes it entirely. Striking is generally preferable where the new material is damaging.
Frequently Confused with
Related terms
Frequently asked questions
When is a sur-reply permitted?
What is the alternative?
