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Except as otherwise provided by statute or these rules, the response must be filed no later than 7 days after service of the motion or as otherwise provided by the court. (c) Oral Argument. The following rules govern oral argument and rulings on motions.
A party may request oral argument?either in the motion or in a response filed by the adverse party under subsection (b). The court must grant a timely request for oral argument unless it states in the ruling or by separate communication that oral argument would not aid the court materially.
If the court believes the complaint does not state a cause of action and cannot be amended to state a cause of action, the court will sustain the demurrer without leave to amend and the case is dismissed. The demurrer ruling is an order which, by statute, may not be appealed.
Demurrers must be set for hearing not more than 35 days following the filing of the demurrer or on the first date available to the court thereafter. For good cause shown, the court may order the hearing held on an earlier or later day on notice prescribed by the court.
The deadline to file a reply is 14 days before the motion hearing date. You may not file a response to a reply without permission from the Court. Federal Pro Se Clinic ? Roybal Courthouse ? 255 East Temple Street, Suite 170 ? Los Angeles, CA 90012 ? (213) 385-2977 ext.
A party against whom relief is sought may move, with or without supporting affidavits or supporting declarations pursuant to K.S.A. 53-601, and amendments thereto, for summary judgment on all or part of the claim. (C) the movant may file a reply within 14 days after the response is served.
60-212. (C) a party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time. (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.
Suffice to say that a Demurrer is brought as a motion before the court at the beginning of a lawsuit as an attempt to attack all or some of a lawsuit, while a Motion for Summary Judgment is usually brought later in the case, (but still prior to actual trial) after discovery has taken place and key depositions have been ...