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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.)
Your Answer must respond to each numbered paragraph by either admitting the information in the paragraph, or denying the information in the paragraph. Your Answer also can be followed by a Cross-Bill, which is your petition to the court for a divorce for the reasons set forth in your Cross-Bill.
So, can you refuse to answer interrogatories? The answer is, no, you may not.That answer must either permit inspection of the requested information or object to the production of the information for a specific reason.
(1) Number. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts. Leave to serve additional interrogatories may be granted to the extent consistent with Rule 26(b)(1) and (2).
No party may serve upon any other party, at any one time or cumulatively, more than thirty written interrogatories, including all parts and sub-parts without leave of court for good cause shown.
A plea in bar is a pleading which alleges a single state of facts or circumstances (usually not disclosed or disclosed only in part by the complaint) which, if proven, constitutes an absolute bar to a claim or claims.
Demurrer; form; grounds to be stated; amendment. A. In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer.
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.
A defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a valid cause of action. The precise basis for a demurrer can vary, with some examples being a failure to state a claim or an allegedly unconstitutional statute.