Our local federal court has just adopted rules clarifying that reply briefs are not allowed, without permission, in several procedural motions, such as reconsideration and discovery. We know we are whistling in the wind, but the court’s effort to simplify its work in fact creates greater chances for abuse.
A wise judge in a case with good lawyers will tell his or her clerks, the first document to read on a motion is the reply brief. A well-written reply summarizes the positions taken by both sides in an objective style, and then explains why the moving party’s position should prevail. Or, with good counsel, where the moving party’s position on a matter has been withdrawn. The prohibition against replies eliminates this possibility.
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