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The court may order a reply to this third-party defendant's answer. In California, the filing of a reply is subject to CCP 1005 [1] and the reply should be filed and served pursuant to these rules - typically five court days prior to a hearing see California CCP 1005 (b). [1]
It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion is unsuccessful, the defendant must file an answer to the complaint or risk an adverse default judgment. In a criminal case, there is usually an arraignment or some other kind of appearance before the defendant comes to court.
A demurrer is commonly filed by a defendant in response to a complaint filed by the plaintiff.A demurrer to a complaint can terminate a lawsuit. Although a plaintiff may demur to a defendant's answer to a complaint or the defendant's affirmative defenses, a demurrer to an answer is less common because it may be a poor strategic move.
The California Code of Civil Procedure (abbreviated to Code Civ. Proc. in the California Style Manual [a] or just CCP in treatises and other less formal contexts) is a California code enacted by the California State Legislature in March 1872 as the general codification of the law of civil procedure in the U.S. state of California, along with the three other original Codes.
The defendants have limited time to respond, depending on the State or Federal rules. A defendant's failure to answer a complaint can result in a default judgment in favor of the petitioner. For example, in United States federal courts, any person who is at least 18 years old and not a party may serve a summons and complaint in a civil case. [5]
In the U.S. legal system, service of process is the procedure by which a party to a lawsuit gives an appropriate notice of initial legal action to another party (such as a defendant), court, or administrative body in an effort to exercise jurisdiction over that person so as to force that person to respond to the proceeding in a court, body, or other tribunal.
The EPA’s civil rights office announced it has accepted a complaint filed by tribes and environmental justice groups, who accuse the State Water Resources Control Board of discriminatory ...
These motions are most commonly sought by the defendant, as to a matter contained in the plaintiff's complaint; however, they may also be asserted by plaintiffs to a defendant's answer or other pleadings such as cross-complaints. The Federal Rules of Civil Procedure states that "The court may strike from a pleading an insufficient defense or ...
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