Principle

CIVIL PROCEDURE β€” Pleadings β€” Prerequisite for Filing a Demurrer

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Demurrer must be filed before parties join issue on the pleadings. Once pleadings are exchanged and issues joined, demurrer is no longer available. The principle applies to civil procedure. The rule prevents demurrer after the case has progressed to factual dispute. The defendant must demur…

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