Procedure for Responding to Demurrer
The following is the procedure for responding to a demurrer:
1. Memorandum in Opposition: The opposing party files a document countering the demurrer’s arguments.
2. Hearing and Decision: Both parties present their cases at a demurrer hearing, and the judge decides whether to uphold or reject the demurrer.
3. Amendment: If the demurrer is upheld, the pleading may be amended to address deficiencies.
4. Oral Argument: Parties may have the opportunity to present arguments verbally at the hearing.
5. Court’s Order: The court issues a written order detailing its decision on the demurrer.