New Requirements for Demurrers
Effective January 1, 2016

Beginning January 1, 2016, parties will be required to meet and confer prior to filing a demurrer due to the recent passing of Senate Bill 383. The bill enacts a new section of the Code of Civil Procedure, section 430.41, and amends section 472. The main feature of the new law is a requirement that, at least five (5) days before a responsive pleading is due, the parties meet and confer to see if an agreement can be reached that would avoid the need for a demurrer. During the meet-and-confer proc...

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Civility in Lawyers' Writing

A few years ago, American Bar Association President Stephen N. Zack decried the legal profession's "continuing slide into the gutter of incivility."1 An ABA resolution "affirm[ed] the principle of civility as a foundation for democracy and the rule of law, and urge[d] lawyers to set a high standard for civil discourse."2 The ABA initiative echoes federal and state courts that call civility "a linchpin of our legal system,"3 a "bedrock principle,"4 and "a hallmark of professionalism."5 Justice An...

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