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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.
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 defaulted defendant may move the court from relief from his default, [17] but usually must do so promptly [18] and must provide "good cause" [19] for his failure to answer the complaint in time. [20] Often, part of the procedure for relief from default involves the defendant filing an answer to the complaint. [21]
The Georgia Bar is requesting a review of a complaint against former Augusta District Attorney Natalie Paine. Georgia Bar requests review of complaint against former Augusta DA, cites professional ...
Instead of filing an answer within the time specified in the summons, the defendant can choose to dispute the validity of the complaint by filing a demurrer (in the handful of jurisdictions where that is still allowed) or one or more "pre-answer motions," such as a motion to dismiss. It is important that the motion be filed within the time ...
The Georgia Court of Appeals denied District Attorney Deborah Gonzalez's attempt to dismiss a 2023 complaint against her.
In legal terminology, a complaint is any formal legal document that sets out the facts and legal reasons (see: cause of action) that the filing party or parties (the plaintiff(s)) believes are sufficient to support a claim against the party or parties against whom the claim is brought (the defendant(s)) that entitles the plaintiff(s) to a remedy (either money damages or injunctive relief).
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