Response (to a Motion or Petition)

When the response is used

Timing: by the deadline set by the rule, local rule or court order that applies to the paper being answered. 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

• In a court of appeals, any party may file a response to a motion within 10 days after service of the motion unless the court shortens or extends the time (Fed. R. App. P. 27(a)(3)(A)).
• In district court, except as Rule 59(c) provides otherwise, any opposing affidavit must be served at least 7 days before the hearing, unless the court permits service at another time (Fed. R. Civ. P. 6(c)(2)).
• The appellee's brief must conform to the requirements of Rule 28(a)(1)–(8) and (10), except that some statements need not be made unless the appellee is dissatisfied with the appellant's statement (Fed. R. App. P. 28(b)); it is due within 30 days after the appellant's brief is served (Fed. R. App. P. 31(a)(1)).
• Local rules set most district-court response deadlines and page limits, and a court may order a response to an order to show cause by a set date.

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. App. P. 27(a)(3); Fed. R. Civ. P. 6(c)(2); local rules online. Also, the federal judiciary publishes the current rules and recent amendments.

The response in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar response procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

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.
• 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.
• Motions: Form and Requirements: the general rules every written motion must follow.
• Request for Order to Show Cause: a request asking the court to issue an order to show cause — an order directing a party or person to appear and explain why the court should not take a stated action, such as holding them in contempt for disobeying an order, granting an injunction or imposing sanctions.

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

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 response (to a motion or petition). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.