Hello:
I have 3 related questions that I am hoping you can help me with::
(1) When a plaintiff files a Lepis motion, must a certification be
included with defendant's opposing response? In other words, can the
defendant's attorney simply file an opposition brief on behalf of the
defendant? In my case, the court has required the defendant to file a
certification. The court has postponed the return date to provide the
defendant with additional time although additional time was never requested.
(2) Because of the above, my original reply to defendant's brief is not
being considered. Plaintiff must now file a new reply following receipt of
defendant's certification. Since plaintiff's original reply directly
addressed the arguments in the response brief, can the reply be set aside?
(3) Can defendant now decide to include a cross-motion? (defendant's
response brief did not include a cross-motion.)
Thanks a bunch!
Bill
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William N. Sosis, Esq.
Sosis Law, LLC
200 Passaic Street, Suite 3
Hackensack, NJ 07601