Legal Sur-Reply Document

LEGAL SUR-REPLY DOCUMENT

This Sur-Reply Agreement and Authorization to File a Sur-Reply (the Sur-Reply Document) is entered into by and between Plaintiff Name: and Defendant Name: on this Date: . Counsel for the parties are Plaintiff Counsel: and Defendant Counsel: .

RECITALS

WHEREAS, on the date indicated in the record, a party filed a motion entitled: seeking relief identified in the motion and associated pleadings; and

WHEREAS, a reply brief was subsequently filed by Responding Party on Date: , which raised matters and presented evidence or legal arguments not previously addressed in the moving papers; and

WHEREAS, the moving party seeks leave or stipulation to file a sur-reply limited to addressing only those new matters raised for the first time in the reply brief, and the parties wish to set forth the terms and limits of that sur-reply to avoid further contentious briefing.

NOW, THEREFORE

In consideration of the mutual covenants and agreements contained herein, and intending to be legally bound, the parties agree as follows:

1. AUTHORITY TO FILE SUR-REPLY

The responding party identified as the Filing Party: is authorized to prepare and file a sur-reply with the court solely for the limited purpose of addressing new factual assertions, evidentiary materials, or legal arguments that were first presented in the reply brief filed on Date: . The sur-reply shall not introduce new affirmative claims or expand the issues beyond addressing such new matters.

2. SCOPE, LENGTH, AND FORMAT

The sur-reply shall be limited to a maximum of pages (or equivalent word limit under the court's rules). The sur-reply shall be confined to responses to items raised in the reply brief and shall cite to specific portions of the reply brief and any exhibits relied upon. Any exhibits attached to the sur-reply must be identified and described in the attached Exhibit List.

3. FILING DEADLINE AND SERVICE

The Filing Party shall file the sur-reply by no later than Date: , unless extended by court order. Prompt service of the filed sur-reply and all supporting exhibits shall be made on opposing counsel by the methods set forth below.

4. EXHIBITS, CONFIDENTIALITY, AND SEALED MATERIALS

Any exhibits that contain confidential or sealed material must be designated as such at the time of filing and accompanied by an appropriate motion or stipulation for filing under seal. The parties agree that if an exhibit is designated confidential, it will be submitted under seal with a narrowly tailored proposed order and that the party seeking to maintain confidentiality will bear responsibility for justification under applicable law.

Contains confidential exhibits: If checked, list and describe confidential exhibits below.

5. CERTIFICATION AND REPRESENTATIONS

The Filing Party and its counsel certify that the sur-reply will be limited to matters first raised in the reply brief and that no new evidence or arguments outside that scope will be presented except as necessary to rebut the reply. The Filing Party further represents that the statements of fact contained in the sur-reply are supported by admissible evidence or a good-faith basis for belief.

The certifying attorney acknowledges the duty of candor to the tribunal and understands that filing a sur-reply containing knowingly false statements or fabricated evidence may subject the attorney and party to sanctions.

6. FEES, COSTS, AND EXPENSES

Unless otherwise ordered by the court, each party shall bear its own attorneys' fees and costs associated with the preparation and filing of the sur-reply. If a party seeks recovery of fees or costs related to the sur-reply, that party must identify the basis and request relief by separate motion.

7. NOTICES, AMENDMENTS, AND WAIVER

All notices required or permitted under this Sur-Reply Document shall be in writing and delivered to counsel of record at the addresses provided herein. This Agreement may be amended only by a written instrument executed by the parties. No waiver of any provision shall be effective unless in writing signed by the waiving party.

8. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Sur-Reply Document shall be governed by and construed in accordance with the laws of the jurisdiction in which the above-captioned court sits, without regard to conflict of law principles. This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held to be unenforceable, such provision shall be severed and the remainder of the Agreement shall remain in full force and effect.

9. COUNTERPARTS

This Sur-Reply Document may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. Signatures transmitted by facsimile or electronic image shall be binding.

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