Principle

CIVIL PROCEDURE – Case Management – Demurrer – Documents Pleaded – Proper Use of Documents in Demurrer Proceedings

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Demurrer proceedings must be based solely on pleaded facts, not evidence. Using documents beyond pleaded facts: introduces evidence improperly, violates demurrer principle, and radically changes established procedure. Demurrer principle: Consider only facts pleaded in statement of claim, assume those facts are true (defendant admits them…

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