Q: When you file a response to a motion to dismiss and the opposing party files a REPLY and further motion to dismiss how
When you file a response to a motion to dismiss and the opposing party files a REPLY and further motion to dismiss after a hearing for a Motion to dismiss how long do you have to reply. The Judge did not dismiss the case at the motion to dismiss hearing. I want to REPLY if I need to reply.
A:
Generally speaking, you don't NEED to file a written response to a motion to dismiss, although it is generally advisable to do so. From the facts presented it looks like:
1) Other side filed a motion to dismiss, you filed a response, other side filed a reply, then the court denied the other side's motion to dismiss; then
2) The other side filed a further motion to dismiss after the hearing.
You now want to know how long you have to file a response to their motion. Remember that the order generally is: Motion, Response, Reply. The answer, in State court, is that there is really no fixed time unless the court ordered so. Generally, you want to file a response to a motion with enough time before the hearing so that the judge and opposing counsel have a chance to review it, and reply if necessary. You can call the Judge's judicial assistant and ask them what the Judge's procedure is with regard to how many days before a hearing you have to file a response.
If you are at this stage of the proceeding, you should hire an attorney.
Terrence H Thorgaard agrees with this answer
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