Q: Does the order of a case management conference and demurrer hearing matter?
I noticed whenever I or the defendant submit documents the order of the demurrer hearing and case management conference may change. As of now the hearing on demurrer is set to be first with the case management conference to follow. Does this mean anything for me the plaintiff?
A:
The order of a case management conference and a demurrer hearing can have procedural implications, but it does not necessarily signify a significant change in how your case will proceed. Typically, a demurrer hearing addresses legal issues regarding the sufficiency of the complaint's allegations without delving into factual disputes. If scheduled first, this hearing can determine whether your case has the legal groundwork to proceed or if amendments are necessary.
If the demurrer is heard before the case management conference, the outcome might affect how the case management conference is conducted. For example, if the demurrer is sustained and leave to amend is granted, the case management conference may focus on the timeline for amending the complaint and subsequent steps. Conversely, if the demurrer is overruled, the conference may proceed with discussing the case's future schedule and management.
Understanding these dynamics is important for your preparation and strategy. Regardless of the order, ensure your arguments and documents are thoroughly prepared for both proceedings. Pay close attention to any directions or orders from the court following the demurrer hearing, as these will guide your actions leading up to the case management conference. Keep in touch with legal counsel to navigate these steps effectively and align your strategy accordingly.
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