What does it mean to demurrer in court?
Asked by: Janelle Johnston | Last update: May 27, 2025Score: 4.3/5 (54 votes)
Demur (or demurrer) refers to making a pleading that challenges the sufficiency or adequacy of pleadings of another party. Demurrers typically come in two forms: general and specific. A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue .
What is the difference between a plea and a demurrer?
A demurrer in a criminal case is a way to challenge the sufficiency of the criminal pleading. It is limited to defects that may appear on the face of the pleading and is only concerning issues of law. Typically, a demurrer must be raised before the defendant enters a plea and is arraigned.
What is a demurrer in simple terms?
(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.
What happens when a demurrer is filed?
A Demurrer is filed to say the Complaint doesn't include all the legal requirements that the plaintiff needs to meet to win. Sometimes, in a demurrer, you argue that even if what the plaintiff says is true, they should lose because they did not meet a legal requirement.
Is a demurrer the same as a motion to dismiss?
A “demurrer” is a term that refers specifically to a written objection to the charges against you that states that even if the facts of your case are accurate and true, there's still no legal basis for the claim to continue. Essentially, this is the same as a motion or petition to dismiss the case.
Legal definition of Demurrer
What to expect at a demurrer hearing?
What happens at a demurrer hearing? The judge reviews the details of the demurrer. The judge then decides whether or not the dispute is valid. If the demurrer is upheld, the original claims in court are dropped or disregarded.
How do you beat a demurrer?
A Plaintiff can survive Demurrer merely by alleging facts, even improbable “facts” of dubious veracity. Motions for Summary Judgment are easy to defeat and hard for the moving party to win as a matter of law because defeating the motion usually requires only a slight controversy concerning key facts.
What are the reasons for demurrer?
That is, the point of the demurrer is to test whether a cause of action or affirmative defense as pleaded is legally insufficient, even if all facts pleaded are assumed to be true. The sole exception to the no-evidence rule is that a court may take judicial notice of certain things.
What are the grounds for demurrer?
- The answer does not state facts sufficient to constitute a defense;
- The answer is uncertain (“uncertain” includes ambiguous and unintelligible); and.
How long can a demurrer be?
Demurrers must be set for hearing not more than 35 days following the filing of the demurrer or on the first date available to the court thereafter.
Is a demurrer denied or overruled?
To properly state a cause of action, the complaint (usually) need only include some allegations as to each element of the claim. If the complaint is drafted to meet this relatively low standard and does not otherwise reveal a defect on its face, the demurrer will likely be overruled (denied).
What is the demurrer evidence?
Definition: Demurrer to evidence is an objection made by a party during a trial, stating that the evidence presented by the opposing party is legally insufficient to prove their case. When a demurrer to evidence is made, the jury is discharged, and the demurrer is entered on record and decided by the court.
What is the difference between a demurrer and a motion to quash?
A Demurrer can delay the case by a few weeks, and if the tenant wins, you might have to start the case all over or even have to give the tenant a new Notice. A Motion to Quash Service is filed when the tenant says that the landlord didn't serve the Summons and Complaint properly.
What are the two types of demurrer?
- A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue .
- A specific demurrer objects to a particular problem with the details of a pleading, most commonly the failure to claim sufficient facts for a cause of action.
Can a demurrer be appealed?
Appealing a Demurrer in California
Orders granting demurrers can be appealed, but it is important to understand whether the court gave the plaintiff “leave to amend” before appealing. If “leave to amend” was granted, the plaintiff should amend the complaint and refile it against the defendant in the same court.
What is it called when you don't plead guilty or not guilty?
This defines the plea of "no contest," also known as "nolo contendere." If you are facing criminal charges that may also lead to civil lawsuits, there are times when a plea of "no contest" may help you.
What happens when a demurrer is granted?
If a demurrer is granted, then the case will usually be dismissed. A demurrer can be amended if the judge determines that the case is valid but more facts are needed from the plaintiff to support the case. The judge will give the plaintiff extra time to strengthen their case.
What happens after demurrer is sustained?
If the demurrer is sustained, the court must, if the defect can be remedied by amendment, permit the indictment or information to be amended, either forthwith or within such time, not exceeding 10 days, as it may fix, or, if the defect or insufficiency therein cannot be remedied by amendment, the court may direct the ...
Is demurrer a motion to dismiss?
Both in state courts and federal courts. After a Plaintiff files a lawsuit, a Defendant can either ANSWER the lawsuit (by answering the allegations and raising affirmative defenses) or they can file a DEMURRER (which is basically a motion to dismiss the case).
Can you file a demurrer instead of an answer?
Often, defendants will not immediately file an Answer, but instead will file what is called a “Demurrer.” A Demurrer asks the court to decide whether some or all of the plaintiff's Complaint has been pleaded with legal sufficiency, i.e., has been drafted correctly.
What is an example of a demur?
Example: Gus files a demurrer to a complaint that accuses him of threatening Walter in violation of a statute that prohibits "criminal threats." Gus claims that the statute is unconstitutional because it infringes free speech, and that the complaint is therefore void.
Does a demurrer require a declaration?
(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following: (A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the ...
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
What happens if you sue the wrong party?
The term “misjoinder,” on the other hand, refers to the situation where a plaintiff names a completely incorrect party. In this situation, the plaintiff has filed a lawsuit against a person or entity who should not have been included in the lawsuit. This is the more serious mistake that often results in dismissal.
Can you oppose a demurrer?
At least 9 court days before the hearing date, the opposition to the demurrer must be filed and served on all parties that have appeared in the action.