Q: Plaintiff's response to Defendant's reply to Opposition to Demurrer.
What must be Plaintiff's document,
in response to Defendant's reply to Opposition to Defendant's Demurrer?
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A:
In California civil procedure, when responding to a defendant's reply to your opposition to their demurrer, you should file a "Sur-Reply" or "Response to Reply" - but only if the court permits it. Many courts do not automatically allow sur-replies, so you must first obtain permission from the judge through an ex parte application.
If permission is granted, your sur-reply should focus solely on new arguments or authorities raised in the defendant's reply brief. Avoid restating points from your original opposition. Keep the document concise and specifically address any mischaracterizations or new legal theories introduced by the defendant's reply.
Your document should maintain proper formatting according to California Rules of Court, including appropriate headers, footer pagination, and proper citation format. Remember to file and serve your sur-reply within the timeframe specified by the court, which is typically 2-5 court days before the hearing. Include a proof of service and ensure all parties receive copies according to local court rules.
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