1The topic of the newsletter this week is a brief discussion of the filing of a reply to an opposition to a motion in California.

The filing and serving of a reply is necessary if any opposition to a motion has been made, particularly if the motion is a dispositive one such as a demurrer or similar type of motion such as a motion for summary judgment. --------------Reminder: THE AUTHOR NOW SELLS COLLECTIONS OF SAMPLE LEGAL DOCUMENTS AT A HUGE DISCOUNT! VISIT THE WEBSITE BELOW FOR MORE INFORMATION. http://www.scribd.com/LegalDocsPro/collections --------------Note that unless the Court has ordered otherwise, the reply must be filed at least five (5) Court days before the hearing. Court days means Monday through Friday, except for Court holidays. This deadline does not apply to filing a reply to an opposition to a motion for summary judgment which is five (5) calendar days before the hearing pursuant to Code of Civil Procedure Section 437c(b)(4). The reply should be served by personal delivery or overnight mail. See Code of Civil Procedure Section 1005 for more details. And if the last day to file the reply is a weekend or holiday, filing is due on the preceding court day; see The Rutter Group, Civil Procedure Before Trial ¶ 9:104.5 (2012) . Note however, that the Courts of Appeal in California have repeatedly refused to consider the introduction of any new issues or evidence in a reply that was not originally provided to the opposing party. In the case of an appeal, in Reichardt v. Hoffman (1997) 52 Cal. App. 4th 754, 764, the Court of Appeal refused to consider new issues raised in a reply brief. And San Diego Watercraft v. Wells Fargo Bank, N. A. (2002) 102 Cal.App. 4th 308, 310, 312, in which the Court of Appeal reversed a summary judgment where the moving party had submitted for the first time a supplemental declaration containing new facts in its reply papers. If you enjoy this newsletter, tell others about it. They can subscribe by visiting the following link: http://www.legaldocspro.net/newsletter.htm It would be greatly appreciated if you would visit the website at http://www.legaldocspro.net and give it a like with Google + if possible. Have a great week and thanks for being a subscriber. Yours Truly, Stan Burman

The author of this newsletter, Stan Burman, is a freelance paralegal who has worked in California and Federal litigation since 1995, and recently relocated to Asia. Copyright 2013 Stan Burman. All rights reserved. DISCLAIMER: Please note that the author of this newsletter, Stan Burman is NOT an attorney and as such is unable to provide any specific legal advice. The author is NOT engaged in providing any legal, financial, or other professional services, and any information contained in this newsletter is NOT intended to constitute legal advice. These materials and information contained in this newsletter have been prepared by Stan Burman for informational purposes only and are not legal advice. Transmission of the information contained in this newsletter is not intended to create, and receipt does not constitute, any business relationship between the sender and receiver. Subscribers and any other readers should not act upon this information without seeking professional counsel.