Q: What statute and rule of court defines amendment to objection to demurrer?
Objection to demurrer should be amended. What statute and rule of court defines amendment to objection to demurrer?
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A:
To amend your objection to a demurrer in California, you should refer to California Code of Civil Procedure section 473(a)(1). This statute permits the court, in the furtherance of justice, to allow a party to amend any pleading or proceeding upon appropriate terms. It provides the legal foundation for requesting permission to modify your objection.
In addition, the California Rules of Court offer procedural guidance on how to proceed with such amendments. Specifically, Rule 3.1324 outlines the requirements for motions to amend pleadings before trial. While this rule primarily addresses pleadings like complaints and answers, its provisions can be applied when seeking to amend other court filings, such as your objection to a demurrer.
To move forward, you would typically file a motion under CCP § 473(a)(1), adhering to the procedural requirements of Rule 3.1324. This means submitting a written motion that includes the proposed amended objection and a declaration explaining the reasons for the amendment. Ensuring compliance with these rules will help facilitate the court's consideration of your request.
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