What is the name of your state (only U.S. law)? New York, Federal Court
In my case, after the defendants filed a brief in support of motion to dismiss (MTD), I filed a brief in opposition and amended my complaint, at which point they withdrew their motion as moot. A few weeks later, they submitted a 2nd brief in support of MTD. Their 2nd brief took no notice of points in my original opposing brief but just addressed the verified amended complaint, which provided much more detail than the original verified one but did not change the causes of action. Their 2nd brief also repeated much of their original brief verbatim and added perhaps 20% new content and case precedents.
Questions:
1. If we assume my original opposing brief was not nonsense, did they avoid addressing it in their 2nd brief in support of MTD because the original opposing brief also became moot and "ceased to exist"? I've prepared a 2nd opposing brief, based on my original opposition and their 2nd brief, so I expect their reply will finally address my legal points.
2. Can a reply brief refer only to issues raised in the opposition brief and introduce only new exhibits in support of those points, or is it free to cover anything? The analogy would be direct examination, cross, and redirect in trial - or is that, also, dependent on the jurisdiction or what individual judges allow?
3. Since they limited their 2nd brief to 35 pages (the max allowed without getting judge's permission to exceed), I've done the same, even though I have some minor points left uncovered. I did, however, add at the end a request for permission to re-plead if the judge grants any of their motion. Is that okay? I assume it's sort of like getting/giving advance notice for a motion to reconsider.
In my case, after the defendants filed a brief in support of motion to dismiss (MTD), I filed a brief in opposition and amended my complaint, at which point they withdrew their motion as moot. A few weeks later, they submitted a 2nd brief in support of MTD. Their 2nd brief took no notice of points in my original opposing brief but just addressed the verified amended complaint, which provided much more detail than the original verified one but did not change the causes of action. Their 2nd brief also repeated much of their original brief verbatim and added perhaps 20% new content and case precedents.
Questions:
1. If we assume my original opposing brief was not nonsense, did they avoid addressing it in their 2nd brief in support of MTD because the original opposing brief also became moot and "ceased to exist"? I've prepared a 2nd opposing brief, based on my original opposition and their 2nd brief, so I expect their reply will finally address my legal points.
2. Can a reply brief refer only to issues raised in the opposition brief and introduce only new exhibits in support of those points, or is it free to cover anything? The analogy would be direct examination, cross, and redirect in trial - or is that, also, dependent on the jurisdiction or what individual judges allow?
3. Since they limited their 2nd brief to 35 pages (the max allowed without getting judge's permission to exceed), I've done the same, even though I have some minor points left uncovered. I did, however, add at the end a request for permission to re-plead if the judge grants any of their motion. Is that okay? I assume it's sort of like getting/giving advance notice for a motion to reconsider.