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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.
In the common law, an answer is the first pleading by a defendant, usually filed and served upon the plaintiff within a certain strict time limit after a civil complaint or criminal information or indictment has been served upon the defendant. It may have been preceded by an optional "pre-answer" motion to dismiss or demurrer; if such a motion ...
The defendant to a cause of action must file an "Answer" to the complaint in which the claims can be admitted or denied (including denial on the basis of insufficient information in the complaint to form a response). The answer may also contain counterclaims in which the "Counterclaim Plaintiff" states its own causes of action. Finally, the ...
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. [7] The defendant must submit an answer within 21 days after being served with the summons and complaint, or request a waiver, according to FRCP Rule 12. [8]
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.
Rudy Giuliani’s sexual assault case hearing spiraled into chaos for two hours that ended with the former New York City mayor being muted by the judge.. The first oral arguments in the civil suit ...
e. Pleading in United States Federal courts is governed by the Federal Rules of Civil Procedure. According to Rule 7, only these pleadings are allowed: [1] A complaint; An answer to a complaint; An answer to a counterclaim designated as a counterclaim; An answer to a crossclaim; A third-party complaint; An answer to a third-party complaint; and.
September 25, 2024 at 8:05 AM. By Philip Blenkinsop. BRUSSELS (Reuters) -Alphabet unit Google filed a complaint to the European Commission on Wednesday against what it said were Microsoft's anti ...