Reply vs Response?

[tbonesays]

What is the name of your state? Arizona

Help. I keep changing my convention and keep seeing the more experienced parties disagreeing.

Say the Defendant files a Motion:

Do I file a REPLY or a RESPONSE? [or something else]

And is his 2nd bite at the apple the other word??

 

[RJR]

What does change your convention mean?

Anyway, a Reply IS a Response.

 

[quincy]

What is the name of your state? Arizona

Help. I keep changing my convention and keep seeing the more experienced parties disagreeing.

Say the Defendant files a Motion:

Do I file a REPLY or a RESPONSE? [or something else]

And is his 2nd bite at the apple the other word??

What is this all about, tbonesays?

What type of motion?

What "second bite of the apple?"

 

[adjusterjack]

The typical terminology is "response" as in Defendant's Response to Plaintiff's Motion for..." but it's still a reply.

A rose by any other name would smell as sweet.

If it walks like a duck and quacks like a duck, it's a duck.

 

[quincy]

I asked the questions I did to determine if an opposition to the motion is being considered.

 

[mrsjohnson]

I'm not an attorney but I would reply to every motion filed PERIOD.

 

[quincy]

I'm not an attorney but I would reply to every motion filed PERIOD.

Please tell us why you believe that is smart for all motions filed. Thanks.

 

[tbonesays]

The typical terminology is "response" as in Defendant's Response to Plaintiff's Motion for..." but it's still a reply.

A rose by any other name would smell as sweet.

If it walks like a duck and quacks like a duck, it's a duck.

So a "response" is a subgroup of the greater "reply"?

I believe there is a distinction between the two terms. At one point the clerk emailed all parties (concerning a motion to quash a subpoena) and asked us why the response was filed before the reply. But the rules seemed to suggest that the RESPONSE is step 2 while the REPLY is 3rd.

 

[quincy]

So a "response" is a subgroup of the greater "reply"?

I believe there is a distinction between the two terms. At one point the clerk emailed all parties (concerning a motion to quash a subpoena) and asked us why the response was filed before the reply. But the rules seemed to suggest that the RESPONSE is step 2 while the REPLY is 3rd.

What is the legal action about and what was the motion that was filed and do you oppose the motion?

 

[tbonesays]

What is the legal action about and what was the motion that was filed and do you oppose the motion?

does it matter per this thread?

I subpoenaed defendant's witness, witness files motion to quash, I either reply or respond.

 

[quincy]

does it matter per this thread?

I subpoenaed defendant's witness, witness files motion to quash, I either reply or respond.

You don't have to respond but you potentially could file a "response to the motion to quash subpoena."

In the following link (from Maricopa), see pages 9 and 10 on when the court must quash or modify a subpoena and when a court may quash or modify a subpoena - to see where you stand.

https://www.superiorcourt.maricopa.gov/sscDocs/packets/gns1.pdf