§ 16444 Appearance And Affidavit Rules

This rule says you can only use a written sworn statement (affidavit) to make a special appearance, raise a demurrer, or object in a case, and that affidavit counts as you officially being in the case.

Key Takeaways

•Only affidavits can be used for special appearances, demurrers, or objections.
•Filing an affidavit is treated as a general appearance in the case.
•All other ways of making those moves are not allowed.

Example

Jane is sued and wants to say she isn’t really part of the dispute. She tries to just show up in court and say "I’m not involved."

Because the law only allows a special appearance, demurrer, or objection through an affidavit, Jane must file a sworn written statement. Once she does that, the court treats her as having officially entered the case.

Key Takeaways

•Only affidavits can be used for special appearances, demurrers, or objections.
•Filing an affidavit is treated as a general appearance in the case.
•All other ways of making those moves are not allowed.

Example

Jane is sued and wants to say she isn’t really part of the dispute. She tries to just show up in court and say "I’m not involved."

Key Takeaways

Example

Key Terms

References

§ 16444 Appearance And Affidavit Rules

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References