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Reply (legal term)

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A reply, specifically in California, may be written, filed and served, when a party files a motion or Request for an Order, the non-moving party files a responsive declaration, then the moving-party wants to file a legal document specifically 'replying' to the responsive declaration.

It is important to keep in mind that "plaintiff" in this context may also refer to an impleaded party. So, if a defendant impleads a party, this new party is the third-party defendant and the original defendant is the third-party plaintiff. The third-party plaintiff must file a complaint on the third-party defendant, who then must answer. The court may order a reply to this third-party defendant's answer.

In California, the filing of a reply is subject to CCP 1005 and the reply should be filed and served pursuant to these rules - typically five court days prior to a hearing see California CCP 1005 (b).

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