Legal Question in Appeals and Writs in California
I filed a petition for a writ of supersedeas. I received the opposition to the writ. Can I file a reply brief to the opposition?
2 Answers from Attorneys
Typically the court does not accept reply briefs in a writ petition matter. However, the best course of action is to call the clerk of the court to ask if that division will accept or ask to speak to the writ attorney regarding the petition. This will depend on division many courts will not permit this kind of exchange but some will. The writ attorney may want to know the significance of what you are offering in the reply. If it is insignificant or nitpicking the likelihood is that the court will reject the offer.
Rule 8.112 of the California Rules of Court govern petitions for writs of supersedeas. It provides for an opposition, but does not provide for a reply.
In all of the petitions for writs of supersedeas that I have filed, I have never seen any opposition. You may want to look at the opposition and see if you original petition was defective in some way, such as a failure to include the relevant information required under rule 8.112.
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