Legal Question in Civil Litigation in New York

When doing a cross-motion do you get a "Reply option?" What I mean is that when one party files a motion, if you choose to file a cross-motion that is Opposition to the original motion but it is also asking for your own relief. The original party gets to Reply to your Opposition but do you then get to Reply to their Reply?

So to draw it out, does it go like:

Motion (party 1)--->Opposition/Cross-Motion (party 2)--->Reply (party 1)--->Reply (party 2), or is the Opposition/Cross-Motion by party 2 the last bite at the apple that party 2 gets. I know that ordinarily there is just a Notice of Motion, Opposition, and Reply, but I was not sure if when doing a Cross-Motion the party doing the Cross-Motion gets a second bite at the apple, and gets to Reply to the Reply from part 1 because in some ways the Cross-Motion is like a new motion.

Sorry if it is confusing, I hope this makes sense. Thank you!


Asked on 8/27/14, 8:11 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Yes, it is Reply to Opposition of Cross Motion

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Answered on 8/27/14, 12:33 pm


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