How should i respond to Defendants’ Reply in support of Motion to dismiss?
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How should i respond to Defendants’ Reply in support of Motion to dismiss?
I have filed a lawsuit against USAA since they wanted to settle for a low offer
for the damages caused by their insured.
now their lawyer has been trying to dismiss the case , i replied in opposition
and then again he sent Defendants reply in support of motion to dismiss
What should be done next ?
Thanks
Asked on March 31, 2017 under Accident Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The one filing the motion gets the last word (the reply): it goes initial motion by the movant (person bringing the motion); opposition papers by non-movant (you; the person against him the motion was brought); and then the movant gets to file a final reply. So at this point, you don't need to file any more paperwork; you do need to check with the court to confirm the "return date" on the motion and whether there will be "oral arguments" (a hearing at which the two sides orally present their arguments to the judge) or whether the judge will decide "on the papers" (just on what was filed). If there will be oral arguments, make sure you show up for them.
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