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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7243
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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A motion to strike demurrer was filed with a 30 days notice

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A motion to strike demurrer was filed with a 30 days notice to the defendant which had filed the demurrer. Am I correct to assume that their reply to my motion should have had been filed no later than 10 tens before the hearing? the motion is set for July 26th , and today the 19th I have been served via email at the end of the day. Was their reply timely?

You can raise that fact at the hearing, but I doubt that the judge would base a ruling on the demurrer on just the fact that their response to the motion the strike may have been late. Courts like to decide issues on the merits, rather than on procedural technicalities that don't relate to the merits. You should be prepared to argue your motion to strike with that in mind.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Customer: replied 3 years ago.

should I bring it in my written reply because I am dying to it . would I be correct that it should have had been served on me ten days before the hearing date ? After all they are attorneys and I am not!!


 


Dont worry about the smily face its a given , Thanks

Thanks for getting back to me. I will be off line until this afternoon.

The demurrer was filed within the 30 day period. Then you filed a motion to strike same within the allotted 10 day period. There appears to be nothing in the rule about filing further pleadings and /or the time allowed for such filing. The other side can file anything they wish at this point and so can you, such as a supplemental memorandum on case law, or whatever you want the judge to consider. Since there is a hearing on the demurrer and motion to strike this week, there is probably nothing to be gained by you filing a Reply to their Reply, but that's up to you. The court will read and consider whatever it wishes.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

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