We have all encountered that friend, fellow school parent, or co-worker who just can’t be trusted with the “Reply All” button in their email. You can almost feel the disgust of everyone on the email chain when your inbox starts blowing up with multiple messages that should have been directed to the sender alone. While this email etiquette faux pas may lead to an obnoxious string you’ll have to methodically delete, “Reply All” is perhaps a key strategy you should use when drafting your Reply Brief in support of your Motion for Summary Judgment.

After submitting your Motion and supporting Brief, you can catch your breath for a couple of weeks before the opposing party must file their Response. I must admit that more often than not, I was frustrated once I received and reviewed the Response, feeling like the other party had muddled what I believed what was a clear path to judgment (which was their point, of course). I was perhaps unfairly critical of their writing style and would sometimes find their brief to be disjointed. However, I learned to use drafting the Reply as an opportunity to thoughtfully rebut the opposition’s arguments, refocus the Court on my principal arguments, and prepare for the hearing. And though sometimes a struggle – much like the temptation to “unsubscribe” from that annoying email thread – replying to all the other party’s arguments may be necessary if you expect to succeed on summary judgment in your case.

So, how do you do this? Consider these tips when drafting your Reply Brief to ensure you thoroughly and timely respond to the Response brief:

• Outline the Response – When tackling the Reply brief, I was taught early in my career that your first order of business should be to outline the Response. This always proved to be the best way to make certain you respond to all the pertinent arguments of the opposing party. If you find the Response to be difficult to follow, keep in mind that the judge may also feel that way. By outlining the Response for purposes of your Reply, you can present a more organized brief and avoid inadvertently missing the opportunity to respond to a point that might otherwise be lost in your effort to streamline your brief. While one argument may be addressed with a single sentence – to not give credence to a minor point in the case – other arguments may require you to fully respond and artfully redirect the court to the dispositive issues in your case.
• Avoid Restating Your Original Arguments – A Reply Brief allows you to get the last word, so to speak, before the Court before your hearing. While tempting to repeat what you believe were your best arguments in support of summary judgment, you can’t simply restate your original brief. Rather, respond to the opposition’s arguments in a concise manner and highlight your strongest arguments. Some judges and clerks are known to start their analysis by reviewing the Reply first. Keep this in mind to ensure you deliver a persuasive brief that captures your arguments while mindfully addressing those of your opponent. And while an AI tool may assist you in this process, you cannot solely rely on the bot in these circumstances. Rather, let your good legal training and experience shine as you rebut the opposing party’s arguments while re-emphasizing the key arguments you believe support a finding of summary judgment.
• Check Your Case Management Order – Federal Rule of Appellate Procedure 31 requires that Reply briefs must be filed within 21 days after service of the appellee’s brief in federal appeals courts, but you’ll need to check your state or local rule for your filing deadline at the trial court level. In addition, don’t overlook the Case Management Order in your case. If you are in front of an unfamiliar judge in a different county, their Order could limit the number of pages you are allowed in your Reply or alter the typical deadline for filing. As a Risk Management best practice, calendar this deadline with multiple reminders and allow yourself adequate time before the filing deadline to check case citations and prepare your Appendix.
• Tell the Court Exactly What You Want – Perhaps an obvious point, be sure to conclude your brief by specifically stating the relief you are requesting. For example, are you requesting summary judgment as to all claims or just a few? Are you seeking judgment against all parties or a single defendant? In other words, don’t give the Court any reason to leave your request for relief unread.