- 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.

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:
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
| State | Where to look |
|---|---|
| Federal courts | Fed. R. Civ. P. 7(a)(7); Fed. R. App. P. 27(a)(4), 28(c), 31(a)(1); local rules |
| California | Cal. 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 York | CPLR 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)). |
| Texas | Tex. 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)). |
| Florida | Fla. 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
- Alabama: Alabama Rules of Civil Procedure · Lawtopolis guide
- Alaska: Alaska Rules of Civil Procedure (Alaska Rules of Court) · Lawtopolis guide
- Arizona: Arizona Rules of Civil Procedure · Lawtopolis guide
- Arkansas: Arkansas Rules of Civil Procedure · Lawtopolis guide
- California: California Code of Civil Procedure (supplemented by California Rules of Court, Title Three – Civil Rules) · Lawtopolis guide
- Colorado: Colorado Rules of Civil Procedure · Lawtopolis guide
- Connecticut: Connecticut Practice Book (Superior Court procedure) · Lawtopolis guide
- Delaware: Superior Court Civil Rules (Rules of Civil Procedure, Superior Court of Delaware) · Lawtopolis guide
- Florida: Florida Rules of Civil Procedure · Lawtopolis guide
- Georgia: Georgia Civil Practice Act (O.C.G.A. Title 9, Chapter 11) · Lawtopolis guide
- Hawaii: Hawaiʻi Rules of Civil Procedure · Lawtopolis guide
- Idaho: Idaho Rules of Civil Procedure · Lawtopolis guide
- Illinois: Illinois Code of Civil Procedure (735 ILCS 5) and Illinois Supreme Court Rules, Article II (Rules on Civil Proceedings in the Trial Court) · Lawtopolis guide
- Indiana: Indiana Rules of Trial Procedure · Lawtopolis guide
- Iowa: Iowa Rules of Civil Procedure (Iowa Court Rules, Chapter 1) · Lawtopolis guide
- Kansas: Kansas Code of Civil Procedure, K.S.A. Chapter 60 (Procedure, Civil), Article 2 – Rules of Civil Procedure · Lawtopolis guide
- Kentucky: Kentucky Rules of Civil Procedure (CR) · Lawtopolis guide
- Louisiana: Louisiana Code of Civil Procedure · Lawtopolis guide
- Maine: Maine Rules of Civil Procedure · Lawtopolis guide
- Maryland: Maryland Rules, Title 2 (Civil Procedure – Circuit Court) · Lawtopolis guide
- Massachusetts: Massachusetts Rules of Civil Procedure · Lawtopolis guide
- Michigan: Michigan Court Rules of 1985, Chapter 2 (Civil Procedure) · Lawtopolis guide
- Minnesota: Minnesota Rules of Civil Procedure · Lawtopolis guide
- Mississippi: Mississippi Rules of Civil Procedure · Lawtopolis guide
- Missouri: Missouri Supreme Court Rules of Civil Procedure (Rule 41 et seq.) · Lawtopolis guide
- Montana: Montana Rules of Civil Procedure · Lawtopolis guide
- Nebraska: Neb. Rev. Stat. Chapter 25 (Courts; Civil Procedure) and Nebraska Court Rules of Pleading in Civil Cases (Neb. Ct. R. ch. 6, art. 11) · Lawtopolis guide
- Nevada: Nevada Rules of Civil Procedure · Lawtopolis guide
- New Hampshire: Rules of the Superior Court of the State of New Hampshire · Lawtopolis guide
- New Jersey: Rules Governing the Courts of the State of New Jersey, Part IV (civil practice rules, R. 4:1 et seq.) · Lawtopolis guide
- New Mexico: Rules of Civil Procedure for the District Courts (NMRA 1-001 et seq.) · Lawtopolis guide
- New York: New York Civil Practice Law and Rules (CPLR) · Lawtopolis guide
- North Carolina: North Carolina Rules of Civil Procedure (G.S. Chapter 1A) · Lawtopolis guide
- North Dakota: North Dakota Rules of Civil Procedure · Lawtopolis guide
- Ohio: Ohio Rules of Civil Procedure · Lawtopolis guide
- Oklahoma: Oklahoma Pleading Code (Title 12, Oklahoma Statutes) · Lawtopolis guide
- Oregon: Oregon Rules of Civil Procedure (ORCP) · Lawtopolis guide
- Pennsylvania: Pennsylvania Rules of Civil Procedure (Pa. Code Title 231) · Lawtopolis guide
- Rhode Island: Superior Court Rules of Civil Procedure · Lawtopolis guide
- South Carolina: South Carolina Rules of Civil Procedure (SCRCP) · Lawtopolis guide
- South Dakota: SDCL Chapter 15-6 (Rules of Procedure in Circuit Courts) · Lawtopolis guide
- Tennessee: Tennessee Rules of Civil Procedure · Lawtopolis guide
- Texas: Texas Rules of Civil Procedure · Lawtopolis guide
- Utah: Utah Rules of Civil Procedure · Lawtopolis guide
- Vermont: Vermont Rules of Civil Procedure · Lawtopolis guide
- Virginia: Rules of Supreme Court of Virginia, Part Three (Practice and Procedures in Civil Actions) · Lawtopolis guide
- Washington: Superior Court Civil Rules (CR) · Lawtopolis guide
- West Virginia: West Virginia Rules of Civil Procedure · Lawtopolis guide
- Wisconsin: Wisconsin Statutes Chapters 801–847 (Civil Procedure) · Lawtopolis guide
- Wyoming: Wyoming Rules of Civil Procedure · Lawtopolis guide
- District of Columbia: Superior Court Rules of Civil Procedure · Lawtopolis guide
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.
