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When Party P (Plaintiff) files a lawsuit against Party D (Defendant) and the Defendant submits a motion to dismiss case. Party P submits an Objection to the motion.

Party D wishes to counter the objection filed by Party P.

What document must Party D submit to counter the motion's objection? A reply brief? Or a letter/correspondence? Or just another Motion?

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When Party P (Plaintiff) files a lawsuit against Party D (Defendant) and the Defendant submits a motion to dismiss case. Party P submits an Objection to the motion.

Party D wishes to counter the objection filed by Party P.

Often the document filed opposing a motion is called a "Response" rather than an "Objection" although local practice varies.

A document filed in court address points raised in a "Response" or "Objection" is usually called a "Reply".

So, the person filing the Motion to Dismiss might entitled the document "Reply Regarding Motion to Dismiss" or "Reply to Response To Motion To Dismiss" or "Reply To Objection To Motion To Dismiss".

A reply is usually supposed to be limited to points raised in the response or objection, often has a shorter filing deadline that the original response or objection, and often is subject to a shorter page or word limit in jurisdictions that have them.

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  • @ __ ohwilleke Upvoted. Thanks. A reply is usually supposed to be limited to points raised in the response or objection If one wishes to respond to specific points raised in an objection and wants to bring up completely new evidence / points in support of his Motion should he file a new Motion for the new points, add them to his reply or file some other document? Is there a fundamental problem with filling two motions (both asking for the same relief) in one case?
    – S.O.S
    Jan 11 at 21:37
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    @S.O.S. New arguments (but not necessarily new evidence) should be raised in a reply. Filing a new motion when you already have a motion pending is disfavored or disallowed. It is important to figure out all your main arguments before filing. If you don't you may forfeit them.
    – ohwilleke
    Jan 11 at 22:22
  • New arguments SHOULD NOT
    – ohwilleke
    Jan 11 at 23:11
  • I'm a little confused. New arguments should not be raised in reply? And not as a new motion either. If one has brand new important evidence that was not available / known to him at the time the first motion was written, how/where should those evidence be raised?
    – S.O.S
    Jan 11 at 23:16
  • Apologies for the confusing typo. New legal arguments should not be raised in a reply, only responses by way of legal argument or evidence to points raised in the response. If you come up with a great new argument that you didn't raise in an original motion, too bad. Usually, motion practice wouldn't include evidence or would request a hearing. A motion to dismiss only rarely relies on evidence.
    – ohwilleke
    Jan 12 at 0:14

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