Virginia Sample Letter for Service of Amended Complaint
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How to fill out Sample Letter For Service Of Amended Complaint?
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FAQ
To oppose a defendant's demurrer, you can draft your own legal motion, called an ?opposition to the defendant's demurrer.? This is a legal document that you file with the court. In the document, you will argue that your complaint was not defective.
Following a ruling on a demurrer, unless otherwise ordered, leave to answer or amend within 10 days is deemed granted, except for actions in forcible entry, forcible detainer, or unlawful detainer in which case 5 calendar days is deemed granted.
Leave to amend a pleading shall be liberally granted in furtherance of the ends of justice. In granting leave to amend, the court may make such provision for notice thereof and opportunity to make response as the court may deem reasonable and proper.
If a demurrer is granted by the court, the case may be dismissed or the moving party may be given time to amend the pleading depending on the circumstances. Demurrers can only be made in some states that still allow such pleadings like California.
A Plaintiff can survive Demurrer merely by alleging facts, even improbable ?facts? of dubious veracity.
(b)Response After Demurrer, Plea or Motion When the court has entered its order overruling all motions, demurrers and other pleas filed by a defendant as a responsive pleading, such defendant must, unless the defendant has already done so, file an answer within 21 days after the entry of such order, or within such ...