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If the demurrer is overruled, the defendant is ordered to file an answer within a certain period of time or else risk a default judgment.If the demurrer is granted without prejudice and/or with leave to amend, then the plaintiff may correct errors filing a corrected and/or amended complaint.

The demurrer ruling is an order which, by statute, may not be appealed.In order to appeal this decision, the order sustaining the demurrer without leave to amend must say the case is dismissed or a separate judgment of dismissal must be entered by the trial court (for more information, refer back to Chapter 1.)

Both in state courts and federal courts. After a Plaintiff files a lawsuit, a Defendant can either ANSWER the lawsuit (by answering the allegations and raising affirmative defenses) or they can file a DEMURRER (which is basically a motion to dismiss the case).

At the hearing on the demurrer, you will likely find the trial court is liberal in granting leave to amend, especially if the defects can be remedied by more comprehensive allegations. Some judges want to avoid several rounds of pleadings and demurrers by inquiring if and how you can amend the pleadings.

Most commonly, they must file their response to the complaint within 30 days of being served. 206047 This response can take a number of forms, including one or more of the following: an answer, a demurrer, a motion to strike, a motion to transfer, or a cross-complaint.

By Micah Schwartzbach, Attorney. In a criminal case, a demurrer is a defendant's assertion that the document laying out the chargesthe complaint, information, or indictmentis legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it can't be used to convict him or her.

Demurrer to an If a plaintiff feels that the answer to their complaint did not state facts sufficient to constitute a defense, or if the answer is uncertain, the plaintiff may file a demurrer to the answer within 10 days of being served with the answer.

A demurrer to a complaint must be filed and served within thirty (30) days after service of the pleading. See C.C.P. § 430.40(a). Despite this time limitation, the court has discretion to consider an untimely demurrer.

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