Procedure for Filing a Demurrer
There are certain stages involved in filing and replying to a demurrer, and these steps may differ significantly based on your jurisdiction. The following are the process for filing a demurrer:
1. Drafting the Demurrer: Prepare a legal document stating why you believe the opposing party’s pleading is insufficient.
2. Meeting and Conferring (In Some Jurisdictions): Some places require pre-filing discussions to explore potential resolutions.
3. Filing the Demurrer: Submit the document to the court and serve it on the opposing party according to court procedures.
4. Response: The opposing party has the chance to respond to the demurrer.
5. Hearing or Ruling: The court may schedule a hearing or issue a ruling based on the submissions to determine whether to dismiss the pleading or allow the case to proceed.