How should i respond to Defendants’ Reply in support of Motion to dismiss?

UPDATED: Sep 30, 2022

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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 ?


Asked on March 31, 2017 under Accident Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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