republicrat
Junior Member
UPDATES/EDITS IN BOLD
What is the name of your state (only U.S. law)? Virginia Circuit Court
First, thanks in advance to the wonderful creators of this forum for allowing me to ask a question in the hopes of getting less confused.
Situation: I am confused. Any help at all would really help me. Please chime in if possible.
Ok, I filed complaint. They filed a demurrer, which is like a motion to dismiss but for Virginia and California. I filed a motion to oppose this demurrer. At the hearing, the judge gave me 10 days to file an amended complaint, and 10 days for them to file a response. I filed my amended complaint on time. They had 10 days, and they then filed a demurrer #2 on time with 3 paragraphs but no request for a hearing cover sheet. Then, a few weeks later, they asked what dates were ok for a hearing, BUT filed a much bigger demurrer with the last paragraph incorporating by reference another new brief. Question: are they allowed to have a new brief filed now? What I don't understand is what was due from them 10 days after I filed my amended complaint? What is the point of any deadline at all if they can file two different demurrers (actually a total of three now). I guess my real question is what local or state rule is being followed or not here? Is it the case that I can move to strike if they changed the arguments between the one filed 10 days after I filed my amended complaint? What rule might be violated?
I am on a five page strict limit but they are not? The thing is I don't have enough space to address all of their 10 pages, but I have space to address the initial demurrer (#2, not #3 which is 10 pages even though there is a 5 page limit). There is a 5 page limit, but they have two five page documents back to back on the new demurrer, with the 2nd 5 pages totally new. Is that 100% normal? Is it the case that the deadline was only for "placeholder" arguments which could be fleshed out at any time? Am I allowed to say in my argument I did not address stuff submitted after their initial 10 day deadline? If so, what phraseology might be appropriate?
Again, any thoughts would help.
What is the name of your state (only U.S. law)? Virginia Circuit Court
First, thanks in advance to the wonderful creators of this forum for allowing me to ask a question in the hopes of getting less confused.
Situation: I am confused. Any help at all would really help me. Please chime in if possible.
Ok, I filed complaint. They filed a demurrer, which is like a motion to dismiss but for Virginia and California. I filed a motion to oppose this demurrer. At the hearing, the judge gave me 10 days to file an amended complaint, and 10 days for them to file a response. I filed my amended complaint on time. They had 10 days, and they then filed a demurrer #2 on time with 3 paragraphs but no request for a hearing cover sheet. Then, a few weeks later, they asked what dates were ok for a hearing, BUT filed a much bigger demurrer with the last paragraph incorporating by reference another new brief. Question: are they allowed to have a new brief filed now? What I don't understand is what was due from them 10 days after I filed my amended complaint? What is the point of any deadline at all if they can file two different demurrers (actually a total of three now). I guess my real question is what local or state rule is being followed or not here? Is it the case that I can move to strike if they changed the arguments between the one filed 10 days after I filed my amended complaint? What rule might be violated?
I am on a five page strict limit but they are not? The thing is I don't have enough space to address all of their 10 pages, but I have space to address the initial demurrer (#2, not #3 which is 10 pages even though there is a 5 page limit). There is a 5 page limit, but they have two five page documents back to back on the new demurrer, with the 2nd 5 pages totally new. Is that 100% normal? Is it the case that the deadline was only for "placeholder" arguments which could be fleshed out at any time? Am I allowed to say in my argument I did not address stuff submitted after their initial 10 day deadline? If so, what phraseology might be appropriate?
Again, any thoughts would help.
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