What constitutes a general appearance in California?
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What constitutes a general appearance in California?
A general appearance is made when a party first comes into court and appears in the case. The party may come for any reason that recognizes the authority of the court.
What does special appearance mean in court?
1) The personal attendance in court of a party or attorney for the sole purpose of arguing that the court does not have personal jurisdiction over that party. Quite often an attorney will make a “special appearance” to protect the interests of a potential client, but before a fee has been paid or arranged.
Is a demurrer a general appearance?
The simple answer to your question, is that the filing of a general demurrer is a general appearance in the case.
What is a demurrer to a complaint?
A demurrer is a response to a pleading that objects to or challenges a pleading filed by an opposing party. The word demur literally means “to object”; a demurrer is the legal document that makes the objection.
What is a general demurrer in California?
A general demurrer challenges a complaint on the ground that the pleading fails to state facts sufficient to constitute a cause of action. See C.C.P. § 430.10(e). Similarly, it challenges an answer on the ground that the answer does not state facts sufficient to constitute a defense See C.C.P. § 430.20(a).
What happens if a demurrer is sustained?
In California, a demurrer must assume the truth of the facts alleged by the complaining party, but challenges the complaint as a matter of law. If a demurrer is sustained regarding the form of the complaint, leave to amend is liberally granted, and denial of leave to amend may constitute an abuse of discretion.
How long do you have to respond to a demurrer in California?
30 days
How do you propound discovery in California?
If you determine that you cannot obtain all the necessary information in 35 requests, you must file a motion with the court asking for permission to propound more discovery requests (California Code of Civil Procedure (CCP) § 95), or may even request that the court remove the case from the discovery restrictions of a …
What is propound discovery?
Requests for admissions are a helpful discovery device that in most jurisdictions can be propounded until the time of trial. To garner responses that are usable at trial, propound requests that certain facts be admitted, instead of asking the other side to admit legal conclusions.
What types of evidence must be disclosed by the prosecution?
Under the U.S. Constitution, the prosecution must disclose to the defendant all evidence that proves guilt as well as all evidence that proves innocence. Evidence generally falls into three categories, inculpatory, exculpatory, and impeachment.
What types of evidence are inadmissible?
The general rule is that any statement, other than one made by a witness while giving evidence in the proceedings, is inadmissible as evidence of the facts stated. However, this rule only applies if the statement is given as evidence of the truth of its contents.
