Sur-Reply

When the sur-reply is used

Timing: only after the court grants leave — usually when the reply raised new arguments or new evidence that the opposing party had no chance to address. 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

• The Federal Rules of Civil Procedure do not provide for sur-replies; whether one may be filed is governed by local rules and the judge's orders.
• Courts commonly require a motion for leave to file a sur-reply, and often attach the proposed sur-reply to that motion.
• Courts are more likely to allow a sur-reply when a reply raises new arguments or new evidence; a sur-reply that only repeats earlier arguments is usually refused.
• On appeal, after the appellant's reply brief, no further briefs may be filed unless the court permits (Fed. R. App. P. 28(c)).

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 Local rules; court order online. Also, the federal judiciary publishes the current rules and recent amendments.

The sur-reply in state court

This page covers the federal version. In state court, the sur-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.

Related procedures

Similarly, these procedures often come up alongside it:

• 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.
• 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.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in 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 sur-reply. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.