Legal Definition Of Demurrer6 min read

A demurrer is a formal objection to a legal pleading, most commonly a complaint or indictment, on the grounds that it does not state a cognizable legal or factual basis for the court’s jurisdiction or for the claim or defense being made.

Demurrers are generally classified as either “speaking” or “written”. A “speaking” demurrer is made in open court, while a “written” demurrer is a formal pleading filed with the court.

In order to be effective, a demurrer must set out the specific grounds for the objection. The grounds for a demurrer may include, but are not limited to:

-The pleading does not state a cause of action.

-The pleading does not allege facts sufficient to constitute a cause of action.

-The pleading is defective or incomplete.

-The court does not have jurisdiction over the subject matter of the action.

-The defendant is not properly named or served.

-The statute of limitations has expired.

-The claim is barred by the doctrines of res judicata or collateral estoppel.

If the court finds that the defendant has established that one or more of the grounds for demurrer are valid, it will sustain the demurrer and dismiss the action. If the court finds that the defendant has not established that any of the grounds for demurrer are valid, it will overruled the demurrer and allow the action to proceed.

What is an example of a demurrer?

A demurrer is a legal pleading that challenges the legal sufficiency of a complaint or indictment. In short, a demurrer is a way to argue that a complaint or indictment does not state a valid legal claim.

There are a few grounds on which a demurrer may be based. The most common is that the complaint or indictment does not allege all of the elements of the offense. For example, a complaint that alleges theft, but does not allege that the defendant took the property without the owner’s consent, would be subject to a demurrer.

Another ground for a demurrer is that the complaint or indictment does not allege facts that are sufficient to support a valid legal claim. For example, a complaint that alleges that the defendant punched the victim, but does not allege that the victim suffered any injuries, would be subject to a demurrer.

A demurrer may also be based on the grounds that the complaint or indictment is barred by the statute of limitations.

If a defendant files a demurrer, the court will typically hold a hearing to decide whether to dismiss the complaint or indictment. If the court decides to dismiss the complaint or indictment, the defendant is typically entitled to a refund of the bond that was posted to secure the defendant’s release from custody.

What is the purpose of demurrer?

A demurrer is a legal pleading filed in response to a complaint, which challenges the legal sufficiency of the complaint. In other words, the demurrer argues that the complaint does not state a valid legal claim upon which relief can be granted. If the court agrees with the demurrer, the complaint will be dismissed.

What is the difference between a demurrer and motion to strike?

A demurrer is a legal pleading that a defendant files to challenge the legal sufficiency of a complaint filed against them. A motion to strike is a legal motion that a party files to ask the court to dismiss certain allegations or parties from a complaint.

The main difference between a demurrer and motion to strike is that a demurrer is used to challenge the legal sufficiency of a complaint, while a motion to strike is used to ask the court to dismiss certain allegations or parties from a complaint.

Another difference is that a demurrer must be filed before a response to the complaint is filed, while a motion to strike may be filed at any time. Finally, a demurrer can only be filed by the defendant, while a motion to strike can be filed by any party.

What does defendant’s demurrer mean?

When a defendant in a criminal case files a demurrer, it means that they are refusing to stand trial and are instead challenging the validity of the charges against them. A demurrer is a legal motion that asks the court to dismiss the charges because of a defect in the indictment or prosecution. In order to be successful, the defendant must show that there is a lack of evidence to support the charges or that the indictment was not properly drawn up.

What are the grounds for a demurrer?

A demurrer is a legal objection that a party raises in response to a complaint or indictment. The party argues that the complaint or indictment fails to state a legal claim or offense. In other words, the party argues that the complaint or indictment does not provide sufficient evidence to support a legal claim or offense.

There are a number of grounds for a demurrer. Some of the most common grounds are lack of jurisdiction, lack of specificity, and failure to state a claim.

Lack of jurisdiction refers to the court’s lack of authority to hear the case. For example, a court may lack jurisdiction if the defendant is not a resident of the state where the court is located.

Lack of specificity refers to the complaint or indictment’s failure to provide enough detail about the alleged crime or offense. For example, a complaint or indictment might fail to state the date or time of the alleged crime.

Failure to state a claim refers to the complaint or indictment’s failure to allege all of the elements of a particular legal claim or offense. For example, a complaint or indictment might allege that the defendant committed a crime, but it might not allege the necessary elements of that crime.

What Happens When a demurrer is granted?

When a demurrer is granted, the defendant is asking the court to dismiss the plaintiff’s case because the plaintiff has failed to state a valid legal claim. If the court agrees to dismiss the case, the plaintiff can choose to file an amended complaint, which will give the plaintiff another opportunity to state a valid legal claim. If the plaintiff chooses not to amend the complaint, the case will be dismissed with prejudice, meaning the plaintiff cannot file a new case based on the same facts.

What happens after a demurrer?

When a party files a demurrer in a civil case, they are essentially saying that the other party’s complaint does not state a legal claim. If the court agrees, the complaint will be dismissed. If the court does not agree, the demurrer will be overruled and the case will proceed.