If a defendant does not timely reply to a response, then a judge orders the defendant to file a reply within x amount of days; is that prejudicial to the responding party?
Prejudicial to plaintiff because: The defendant lost the opportunity to file a reply by not filing a reply timely. The defendant lost the opportunity to file a reply by not filing a good faith request for extension of time to file a reply showing good cause for not timely filing that reply. Judge did not order defendant to show good cause for not timely filing a reply before ordering a reply be filed. No good cause has been shown for why defendant did not make a timely reply prior to the issuing of an order for defendant to reply. The defendant is being given x amount of more days to prepare a reply than the plaintiff is being offered to make a sur-reply.