Reply (Reply Brief or Reply to an Answer)

The moving party's or appellant's answer to the other side's response or opposition, limited to the points raised there. In pleadings, a "reply to an answer" is allowed only if the court orders one.

Governing rule
Fed. R. Civ. P. 7(a)(7); Fed. R. App. P. 27(a)(4), 28(c), 31(a)(1); local rules
Type
Filing
Stage
Dispositive motions
When it is used
After the response or opposition is served, by the deadline in the rules or the court's order.
Reply (Reply Brief or Reply to an Answer) — reading legal guides at home

When the reply is used

Timing: after the response or opposition is served, by the deadline in the rules or the court's order. Dispositive motions ask the court to decide all or part of a case without a full trial. They usually follow discovery.

What the rule requires

  • Only listed pleadings are allowed; a reply to an answer is permitted only if the court orders one (Fed. R. Civ. P. 7(a)(7)).
  • In a court of appeals, any reply to a response to a motion must be filed within 7 days after service of the response, and a reply must not present matters that do not relate to the response (Fed. R. App. P. 27(a)(4)).

More rules for the reply

  • The appellant may file a brief in reply to the appellee's brief; unless the court permits, no further briefs may be filed. A reply brief must contain a table of contents and a table of authorities (Fed. R. App. P. 28(c)). The appellant may serve and file a reply brief within 21 days after service of the appellee's brief, but it must be filed at least 7 days before argument unless the court, for good cause, allows a later filing (Fed. R. App. P. 31(a)(1)).
  • A reply brief is acceptable if it contains no more than half of the type volume allowed for a principal brief (Fed. R. App. P. 32(a)(7)(B)(ii)). In district court, local rules set whether and when a reply brief in support of a motion may be filed, and its page limit.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 7(a)(7); Fed. R. App. P. 27(a)(4), 28(c), 31(a)(1); local rules online. Also, the federal judiciary publishes the current rules and recent amendments.

The reply in state court

This page covers the federal version. In state court, the reply may have a different name, a different deadline or a different form. For example, a state may count days differently or require a separate notice. So start with your state’s rules of civil procedure, then check the local rules. Our state procedures guide links to the official rules for every state and DC.

Key terms

In addition, these terms come up often with this procedure:

  • Brief: a written legal argument submitted to a court.

Related procedures

Similarly, these procedures often come up alongside it:

  • Opposition (to a Motion): a party's written argument asking the court to deny another party's motion, usually with a memorandum of points and authorities and any supporting declarations or evidence.
  • Response (to a Motion or Petition): a written answer to a motion, petition or order, stating whether the responding party agrees, opposes or proposes something different, and why. In district courts a response to a motion is usually called an opposition; on appeal the appellee's answering brief responds to the opening brief.
  • Sur-Reply: a further brief filed by the party opposing a motion after the moving party's reply. The Federal Rules of Civil Procedure do not provide for sur-replies, so courts generally allow one only with permission.
  • Opening Brief (Appellant's Brief): the appellant's main written argument in an appeal, explaining what the trial court got wrong and what the appellate court should do.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

StateWhere to look
Federal courtsFed. R. Civ. P. 7(a)(7); Fed. R. App. P. 27(a)(4), 28(c), 31(a)(1); local rules
CaliforniaCal. Code Civ. Proc. § 1005(b) (time for motion papers): reply papers must be filed and served at least five court days before the hearing. For summary judgment, the reply is due at least 11 days before the hearing (Cal. Code Civ. Proc. § 437c(b)(4)). On appeal, the appellant's reply brief is due within 20 days after the respondent files its brief (Cal. Rules of Court, rule 8.212(a)(3)).
New YorkCPLR 2214(b) (motion papers): when answering papers are due seven days before the hearing, any reply or responding affidavits must be served at least one day before. On appeal, a reply brief must conform to CPLR 5528(a) without repetition (CPLR 5528(c)).
TexasTex. R. Civ. P. 166a(e) (summary judgment reply, as amended effective March 1, 2026): the movant must file any reply within 7 days after the response is filed, and a reply must not raise new or independent summary judgment grounds. On appeal, the appellant may file a reply brief addressing any matter in the appellee's brief (Tex. R. App. P. 38.3), within 20 days after the appellee's brief is filed (Tex. R. App. P. 38.6(c)).
FloridaFla. R. App. P. 9.210(d) (reply brief) requires argument in response and rebuttal to the answer brief. A reply brief is limited to 4,000 words (rule 9.210(a)(2)(B)) and must be served within 30 days after service of the answer brief (rule 9.210(g)).

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on reply (reply brief or reply to an answer). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.

Official civil procedure rules for every state

Sources

  • Fed. R. Civ. P. 7(a)(7); Fed. R. App. P. 27(a)(4), 28(c), 31(a)(1); local rules

Official sources:
law.cornell.edu/rules/frcp/rule_7
uscourts.gov/rules-policies/current-rules-pra…

Sources last reviewed: 2026-10-24

Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.