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Commonly Asked Questions about Response to Motion Forms

When you respond to a motion, be clear and direct about your legal position. Begin with an introduction that summarizes the nature of the motion and states your position. Develop key points to answer every argument your opponent made. Then, present your arguments in a logical sequence.
If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other sides request.
You simply need to request that the court deny the defendants motion to dismiss. For example, you could write the following: For the foregoing reasons and all the others discussed in Plaintiffs Complaint, the present Motion to Dismiss should be denied.
Your answer should include the court name, case name, case number, and your affirmative defenses. Print three copies of your answer. File one with the clerks office and mail (or serve) one to the plaintiff or plaintiffs attorney.
You have only 14 days to respond to a regular motion. The time to respond runs from the date the motion was filed. Check the certificate of service, which should be included with the Motion papers.
A reply is often much shorter than either the Statement of Claim or Defence which have preceded it. It is more of a summing up, tying up any loose ends from the previous pleadings, rather than putting forward any new basis for your claim.
A Response will address the Motion and provide the partys position on the points raised in the Motion. This can include a rebuttal to issues of fact or law raised in the Motion. A Reply will address the points raised in the Response and provide the partys position on the points raised in the Response.
Overview. If one party to a case has filed a motion with the court, the other side can file an opposition. An opposition is a written statement explaining to the judge why the other side is not entitled to whatever he is asking for in his motion. It is your opportunity to oppose the other sides request.