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HB 1816 Demurrers; Amended Pleadings

August 5, 2020

This bill requires that an amended pleading filed after a demurrer to an earlier pleading has been sustained incorporate or refer to the earlier pleading being amended in order to preserve the right to stand on the earlier pleading.

Thus, if plaintiff files a complaint and a defendant files and enters a demurrer to that complaint which is eventually sustained, the amended complaint must reference or incorporate the initial complaint in order to be heard on the initial issues raised in the initial complaint.