Although reply briefs are optional, it is generally advisable to file a reply brief lest the respondent’s unanswered arguments take hold before oral argument is heard or the lack of a reply is viewed as a concession of the validity of those arguments. More to the point, few lawyers can resist the temptation of having the last word when the opportunity presents itself.
A reply brief’s mission is different from an opening brief. A reply gives the appellant an opportunity to answer the questions the reviewing court may have after reading the respondent’s brief. The court may need to know more about the key facts, the relevant case or statutory law, or the policy considerations that militate against the respondent’s position. All too often, however, reply briefs fall into one of two categories: one that merely rehashes the appellant’s main arguments without replying to the respondent’s opposing arguments in any meaningful fashion, or one that goes tit-for-tat with every factual and legal argument in the respondent’s brief. These types of reply briefs do little to advance the appellant’s cause and should be avoided.
Rules of Practice
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
