CHAPTER 3. Demurrer and Amendment

Heading of Chapter 3 amended by Stats. 1951, Ch. 1674.

§§ 1002–1012 · 10 sections

• § 1002 The only pleading on the part of the defendant is either a demurrer or a plea.
• § 1003 Both the demurrer and plea must be put in, in open Court, either at the time of the arraignment or at such other time as may be allowed to the defendant for…
• § 1004 The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof either: (a) If an…
• § 1005 The demurrer must be in writing, signed either by the defendant or his counsel, and filed. It must distinctly specify the grounds of objection to the…
• § 1006 Upon the demurrer being filed, the argument upon the objections presented thereby must be heard immediately, unless for exceptional cause shown, the court…
• § 1007 Upon considering the demurrer, the court must make an order either overruling or sustaining it. If the demurrer to an indictment or information is overruled,…
• § 1008 If the demurrer is sustained, and no amendment of the accusatory pleading is permitted, or, in case an amendment is permitted, no amendment is made or amended…
• § 1009 An indictment, accusation or information may be amended by the district attorney, and an amended complaint may be filed by the prosecuting attorney, without…
• § 1010 When an indictment or information is dismissed after the sustaining of a demurrer, or at any other stage of the proceedings because of any defect or…
• § 1012 When any of the objections mentioned in Section 1004 appears on the face of the accusatory pleading, it can be taken only by demurrer, and failure so to take…