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One ground for using a demurrer is that the complaint fails to state a claim upon which relief can be granted. This means that even if all the allegations in the complaint are true, they do not provide sufficient legal basis for a lawsuit. A demurrer allows the defendant to challenge the legal sufficiency of the plaintiff's claims without addressing the factual details.

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1mo ago

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How much time do you have to answer a demurrer?

A demurrer is an answer itself. A demurrer admits the facts of your opponent's allegations, but disagrees with your opponent's conclusions based on those facts. A demurrer can offer its own conclusions, or remain silent. If your question is really about time frames for responsive pleadings and not the archaic term "demurrer," search-engine "court rules" for the court in which your case is being litigated.


What happens after a Demurrer?

After a demurrer is filed, the court will review the arguments presented by both parties and make a decision on whether to sustain the demurrer (meaning the case is dismissed) or overrule it (allowing the case to proceed). If the demurrer is sustained, the plaintiff may have the opportunity to amend their complaint within a specified timeframe. If the demurrer is overruled, the case will move forward in the litigation process.


What is a demurrer?

objecting the evidence. Like if someone provided evidence that was reason to object, the oposite party would ""demur to the evidence" and therefore be the demurrer of evidence. In law you raise an objection by entering a demurrer.


What can I do if opponent's demurrer is sustained?

file a amended complaint


Do you need a lawyer for your demurrer hearing or can you represent yourself?

Will represent self


Who usually attends the hearing for the demurrer to be heard by the court?

The counsel for the parties to the suit.


What is term for legal document signed by judge for lack of evidence?

It is called a "Demurrer".


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What states do not allow demurrer in civil actions?

A demurrer is a written response to a complaint filed in a lawsuit which asks for dismissal of the charge on the grounds that even if the facts alleged in the complaint were true, there is no legal basis for the lawsuit. Some states have substituted a motion to dismiss for failure to state a cause of action, instead of a demurrer.Demurrers, or their equivelant, are an established matter of law in all US states.


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