August 01, 2018 Top Story

Failure to File Surreply Leads to Waiver on Appeal

Appellate court cites trial court’s local rules in decision

By Matthew S. Mulqueen

A party may waive arguments on appeal by failing to file a surreply allowed by right.

A supervisor was fired after requesting an employee bring him gas when his car ran out and failing to adjust the timesheet for time off the premises

A supervisor was fired after requesting an employee bring him gas when his car ran out and failing to adjust the timesheet for time off the premises

iStockphoto by Getty Images

In Ennin v. CNH Indus. Am., LLC, an appellate court ruled in favor of a defendant where the plaintiff did not counter the defendant’s evidentiary objections with a surreply during motion practice before the trial court. The decision is a reminder to pursue arguments in a timely and zealous manner, say ABA Section of Litigation leaders.

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