Q: Can plaintiff amend opposition to demurrer to complaint without leave of court?
Can plaintiff amend opposition to demurrer to complaint without leave of court?
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- California
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A:
If you're considering amending your opposition to a demurrer in California, it's important to understand the procedural requirements. Generally, once you've filed an opposition, any amendments to that document typically require the court's permission. This is because the court and the opposing party rely on the filed documents to prepare for hearings and make decisions.
However, there may be exceptions depending on the timing and specific rules of the court where your case is filed. Some courts might allow amendments without leave if they are made within a certain timeframe or before a scheduled hearing. Checking the California Rules of Court and any local court rules can provide guidance on whether you can amend without seeking the court's leave.
To ensure you're following the correct procedure, you might want to contact the clerk of the court for information on applicable rules. Understanding these requirements can help you proceed appropriately and avoid potential delays in your case.
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