On Thursday, March 8, 2012 during a conference call with Judge Silver’s clerk, USAPA insisted on filing a reply brief. USAPA attorneys told the clerk (not Judge Silver) that they already had a brief written and insisted that they be allowed the right to file what the local rules of the district court automatically provide for.
This is the actual language from page 32 of the Arizona Court Local Rules of Civil Procedure:
"(d) Reply Memorandum. The moving party, unless otherwise ordered by the Court, shall have seven (7) days after service of the responsive memorandum to file a reply memorandum if that party so desires."
Judge Silver only set dates for the motion and the response briefs. It appeared she didn't want a reply, otherwise logic would dictate that she would have set a date for the reply brief as well. As per the local rule, all three parties have the right to file a reply “unless otherwise ordered by the court.”