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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 else can I help you with?
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
What is one ground for using a demurrer?
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.
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".
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.
How do you file a Demur?
To file a demurrer, you must first prepare a written document that outlines the specific legal grounds for your objection to the opposing party's complaint. This document should be filed with the court where the case is pending, along with a notice of hearing if required. After filing, you must serve a copy of the demurrer to the opposing party. Be sure to check local court rules for any specific formatting or procedural requirements.
What is a demur in civil cases?
A demurrer is otherwise known as Federal Rule of Civil Procedure 12(b)(6). If you file a demurrer, or a 12(b)(6) motion, you are saying that the case should be dismisses for failure to state a claim. Most demurrers are filed when the current law doesn't make something illegal or if you can't sue a party for something. For example, if I sued you for "looking at me funny", you could file a demurrer, because there is no law against looking at somebody funny. Here is another example: Alan hits bob with a stick. Bob sues charlie for battery. Charlie would file a demurrer because Bob's suit against Charlie would not work, because it was Alan, not charlie, who hit bob with a stick.
How do you use the word demur in a court of law?
A Demur is a method of objecting to the allegations set forth - not by denying the facts but by denying that they can sustain the pleading based on them. In other words, the facts might indicate other stronger possibilities than the one being used in the allegations.Answer'Demur' is the act of filing a 'demurrer' or to object to the legal sufficiency of a claim alleged in a complaint without admitting or denying the truth of the facts stated.Used in a sentence: The defendant corporation did not demur as expected after the complaint was filed.A 'demurrer' is the pleading that is filed with the court which, in most jurisdictions, is now called a 'motion to dismiss'.
Mechanics lien on your house that is included in a Chapter 13 Can the lien holder start foreclosure on your house?
Yes they can, you will need to file a demurrer to inform the court that the house is involved in a bankruptcy - that may not avoid foreclosure however, it may only delay it.
