This template is not an official court form. It can be used in certain civil lawsuits in the United States District Court for the District of Nevada. Using this template does not guarantee any result in your case.
HOW TO GET LEGAL INFORMATION
These instructions provide general guidance about writing a reply brief. If you are looking for more information on representing yourself, visit the District of Nevada’s Pro Se page at Self Help – District of Nevada (uscourts.gov).
WHEN TO FILE A REPLY BRIEF
You have only 7 days to file a Reply to most motions. The time to respond runs from the date the Opposition was filed. Check the certificate of service, which should be included with the Opposition papers.
CHECKLIST: HOW TO PREPARE A REPLY BRIEF
- Add the case information. Fill in the blanks on the first page.
- Respond to the each of the arguments in the Opposition.
- Go in the same order as the Opposition, and use the same numbers/letters to identify your responses. In most cases, the Reply briefs are limited to 12 pages, excluding exhibits.
- You should not just repeat arguments made in the Motion. The purpose of the Reply brief is to directly argue against what is in the Opposition.
- When you mention a fact, say where in the Declarations filed with the Motion or Opposition the Court can find the supporting evidence, just as you did in the Motion.
- Review, number the pages and sign. Read the Reply to make sure it is clear, correct, and complete. Fill in the page number and total on each page. Sign and date.
- Prepare the Certificate of Service. Each document that you file must be “served” on each other party, usually by sending it in the mail. Follow the instructions on the Certificate of Service.
- Go to the hearing. If the Court schedules a hearing, be sure to show up to Court. You must follow whatever decision is made at or after the hearing and any instructions from the Court.
FILING AND SERVING YOUR MOTION PAPERS
- Make copies. Once the Reply and Certificate are complete, make a copy of each.
- File the Motion. Deliver or mail the original plus one copy of the documents to the Clerk’s Office at the courthouse where the Judge for your case is located. One copy will be filed and one file-stamped copy will be returned to you. If you file by mail, include a self-addressed, stamped envelope so that the Clerk can send a copy of your filing back to you. (Parties who are granted leave to proceed in forma pauperis need not submit a self-addressed, postage-paid envelope.)
- Serve the Motion. Be sure the Reply and Certificate are served on each party.
TIMELINE: AFTER THE REPLY IS FILED
The timeline below lists what generally happens after the Opposition is filed.
- Moving party may file a Reply
- Court may order a hearing
- Court usually sends out a written Order deciding whether the Motion is granted or denied.
- Parties follow Court’s order and case normally continues as scheduled
STAY UP TO DATE
- Update your contact information. File a notice with the Clerk right away if your address, email, or phone number changes, or you may miss important deadlines, causing you to lose your case.
- Check your mail. Be sure to check regularly for documents from the Court and opposing side.
ADDITIONAL RESOURCES
Below are other resources for understanding the laws and rules of the Court:
- Instructions for Representing Yourself. Additional instructions for representing yourself can be found on the Court’s website at Self Help – District of Nevada (uscourts.gov).
- Federal Rules of Civil Procedure (“FRCP”). These Rules explain the procedures from filing through trial for all civil cases in federal courts across the country, and are available at Self Help – District of Nevada (uscourts.gov).
- Local Rules. The Local Rules follow the same numbering as the FRCP, but generally provide more detail. They apply in this District only, and are available at Local-Rules-of-Practice-Amended- 2020.pdf (uscourts.gov).