Section 404. Objections in point of law  


Latest version.
  • (a) By respondent. The respondent
      may raise an objection in point of law by setting it forth in his answer
      or by a motion to dismiss the petition, made upon notice within the time
      allowed for answer. If the motion is denied, the court  may  permit  the
      respondent  to  answer,  upon  such terms as may be just; and unless the
      order specifies otherwise, such answer shall be served and filed  within
      five  days  after  service  of  the  order with notice of entry; and the
      petitioner may re-notice the matter for hearing upon two  days'  notice,
      or  the  respondent may re-notice the matter for hearing upon service of
      the answer upon seven days' notice.
        (b) By petitioner. The petitioner may raise an objection in  point  of
      law  to  new  matter  contained in the answer by setting it forth in his
      reply or by moving to strike such matter on  the  day  the  petition  is
      noticed or re-noticed to be heard.