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Codee,
Lawdog is only speaking of his state's and federal rules, there are a few states which still allow a demurrer. When I looked up the suject of demurrers, it was stated that they had been abandoned for the most part because they tend to draw out the length of a trail. This is because in most cases, the judge had to allow the plaintiff to amend the complaint to correct the errors in law pointed out by the demurrer (the matters of fact in the case are considered to be materially true in this instance)
According to this article, defense counsels will point out legal faults to opposing counsel due to courts policy to negotiate beforehand.
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