TBD | How-To Motion the Court for a Leave to File a Reply
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How-To: Write a Motion for Leave to File a Reply

Background: Your opponent made an obtuse Response to your Motion
Problem: General motion practice doesn't allow you to respond to a response
Solution: You ask the Court for permission to file a Reply to the Response

I. Definitions

"permission obtained from a court to take some action that, without such permission, would not be allowable. This permission in some instances may come before or after the expiration of the period in which the action was to be taken. For instance, a trustee may need "leave of court" in order to spend trust corpus for the support of the trust beneficiary; an attorney will need "leave of court" in order to file papers after the time allowed for filing the papers has elapsed." Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016

II. Legal Citations

Local Rule 3.01(c)-(d) USFLMD | Motions; Briefs and Hearings
"(c) No party shall file any reply or further memorandum directed to the motion or response allowed in (a) and (b) unless the Court grants leave."

"(d) A motion requesting leave to file either a motion in excess of twenty-five (25) pages, a response in excess of twenty (20) pages, or a reply or further memorandum shall not exceed three (3) pages, shall specify the length of the proposed filing, and shall not include, as an attachment or otherwise, the proposed motion, response, reply, or other paper."
28-106.204 FAC | Motions (emphasis added)
"(1) All requests for relief shall be by motion. All motions shall be in writing unless made on the record during a hearing, and shall fully state the action requested and the grounds relied upon. The original written motion shall be filed with the presiding officer. When time allows, the other parties may, within 7 days of service of a written motion, file a response in opposition. No reply to the response shall be permitted unless leave is sought from and given by the presiding officer. Written motions will normally be disposed of after the response period has expired, based on the motion, together with any supporting or opposing memoranda. The presiding officer shall conduct such proceedings and enter such orders as are deemed necessary to dispose of issues raised by the motion."

III. Samples

# PDF Comments
1TBD case. Pro Se Filing. USFLMD. Defendant responded after failing to object.
2Attorney Filing. USNYWD. 2007. Sur-reply. FOIA. FBI. Newly discovered information.
3Attorney Filing. USNYWD. 2007. de bene esse deposition. Opponent mischaracterized the issues.
4Attorney Filing. USNYWD. 2007. Letter form. "Usurpation of Judicial Authority".
5¿ Unknown Result ? Attorney Filing. DOAH. 2007. Mandamus. Out of office.
6✓ Granted! Attorney Filing. DOAH. 2008. Sex Charge vs No Sex Charge.
7✓ Granted! Attorney Filing. DOAH. 2010. Proposed Order. Fair Opportunity to Respond.
8¿ Unknown Result ? Attorney Filing. DOAH. 2012. Fundamental Disagreement.
9X Denied. Attorney Filing. DOAH. 2015. Non-Party Subpoenas. +Quash.
10✓ Granted! Attorney Filing. DOAH. 2016. Timeliness of EEOC Charge.
11- Withdrawn. Attorney Filing. DOAH. 2017. Demonstratively Incorrect Opposition.

IV. Templates

# Word Comments
1DOAH Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe").
2USFLMD Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe").

V. Quick Commentary

  • Important Note: At USFLMD, do not submit your actual Reply within your Motion for Leave!
    • see Local Rule 3.01(d) (above; Part I)
  • Important Note: At USFLMD, keep your motion to 3-pages-or-less (see Local Rule 3.01(d))
  • Note: As always, confer with the opposing party beforehand.
    • see Local Rule 3.01(g)
    • see 28-106.204(g) FAC (above; Part I)
  • Please download as many sample documents as you'd like
    • Contact TBD for more free samples
  • Feel free to use the templates (see Part III - above) to help draft your 'Motion for Leave to Reply'
  • Save the final version as a PDF file.
  • File the final version in court

VI. Conclusion

If you need to inform the Court of something after filing your motion then you can ask for permission. This permission takes the form of a 'Motion for Leave to File a Reply'. There are many causes for taking such an action (such as underhanded behavior from your opponent, or newly discovered information/evidence). So, make sure to tailor your request to your specific set of circumstances.

With the use of the template (as well as the samples above), you can more easily move the Court for Leave to File a Reply.

Congratulations! You're now booked up on how to write a Motion for Leave to File a Reply!

Please get the justice you deserve.


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