The demurrer is a legal document reduced into writing and raises an objection to a pleading stating no legal basis in the lawsuit filed by the opposite party. It challenges the legal sufficiency in a lawsuit. It is filed at or before the time of entering a plea. The prosecution may re-file charges once the court grants a demurrer. One can file demurrer in reference to cross-complaints.
Demurrers can be of different types base on the grounds on which its filed, i.e., general and special. General Demurrer can be filed on two grounds, which are—
- lack of subject matter jurisdiction of the Court; or
- insufficiency to constitute a cause of action in a lawsuit.
However, Special Demurrer can be filed on several grounds, such as lack of capacity to sue or uncertainty.
Response to demurrer is opposing demurrer which has to be filed nine days before the hearing of the lawsuit. Same has to be served to the opposition through the mail, personal delivery or any other method as mentioned in the statute. In case the demurrer sustains, the Court still gives chance to make amendments to the complaint or pleadings. Prior to making drafting response to demurrer one has to keep in mind few important things, such as going through the demurrer carefully, the time limit to file the response, jurisdiction of the court, whether there is a chance of amendment to the complaint, etc.
In addition to the gamut of services Gracious offers’, we also have the ability to draft demurrers and response to demurrers.
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