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de·mur·rer /di-'mər-ər/ n [Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay]: a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance◇ Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction.demurrer to the evidence: a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to decidegeneral demurrer: a demurrer that challenges the sufficiency of the substance of allegationspecial demurrer: a demurrer that challenges the structure or form of an allegation as uncertain or ambiguous◇ A special demurrer must specify the defect in the allegation.
Merriam-Webster’s Dictionary of Law. Merriam-Webster. 1996.
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noun
be at variance, challenge, challenge to the sufficiency of the pleading, confutation, denial of the allegations, denial of the pleading, denial of the statements, exception, exception to a pleading, general denial, negation of allegations, objection, objection to a pleading, opposition to allegations, refusal to answer, refutation, repudiation of the allegations, take exception to the allegations, take issue with, traversal
associated concepts: argumentative demurrer, demurrer to a pleading, demurrer to evidence, demurrer to interrogatories, frivolous demurrer, general demurrer, special demurrer
II
index
disapproval, exception (objection)
Burton's Legal Thesaurus. William C. Burton. 2006
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n.(French) To stop; in common law, a formal allegation by a defendant that the facts stated in the complaint are true but nevertheless are not legally sufficient to allow the case to proceed, and requesting judgment for the defendant and dismissal of the cause of action; the use of demurrer has mostly disappeared under the Federal Rules of Civil Procedure.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008.
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(dee-mur-ur) A written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. A hearing before a judge will then be held to determine the validity of the demurrer. Some parts of a lawsuit may be defeated by a demurrer while others may survive. Some demurrers contend that the complaint is unclear or omits an essential element of fact. If the judge finds these errors, the judge will usually sustain the demurrer (state it is valid), but "with leave to amend" in order to correct the original complaint. If after amendment the complaint is still not legally good, a demurrer will be granted. In rare occasions, a demurrer can be used to attack an answer to a complaint. Some states have substituted a motion to dismiss for failure to state a cause of action for the demurrer.Category: If, When & Where to File a LawsuitCategory: Mediation, Arbitration & Collaborative LawCategory: Representing Yourself in CourtCategory: Small Claims Court & LawsuitsCategory: Small Claims CourtCategory: Working With a Lawyer
Nolo’s Plain-English Law Dictionary. Gerald N. Hill, Kathleen Thompson Hill. 2009.
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n. In a litigation, a pleading or motion denying the legal sufficiency of an adversary's claim. The term is archaic but is still used in a few jurisdictions, where such a denial would either be included in the answer or advanced in a motion to dismiss or preliminary objections.
Webster's New World Law Dictionary. Susan Ellis Wild. 2000.
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An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit.
Dictionary from West's Encyclopedia of American Law. 2005.
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An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit.II A pleading filed by the defendant that the complaint as filed is not sufficient to require an answer.
Short Dictionary of (mostly American) Legal Terms and Abbreviations.
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n.[dee-muhr-ur]a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. A hearing before a judge (on the law and motion calendar) will then be held to determine the validity of the demurrer. Some causes of action may be defeated by a demurrer while others may survive. Some demurrers contend that the complaint is unclear or omits an essential element of fact. If the judge finds these errors, he/she will usually sustain the demurrer (state it is valid), but "with leave to amend" in order to allow changes to make the original complaint good. An amendment to the complaint cannot always overcome a demurrer, as in a case filed after the time allowed by law to bring a suit. If after amendment the complaint is still not legally good, a demurrer will be granted sustained. In rare occasions, a demurrer can be used to attack an answer to a complaint. Some states have substituted a motion to dismiss for failure to state a cause of action for the demurrer.
Law dictionary. EdwART. 2013.
