demurrer
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 decide
general demurrer: a demurrer that challenges the sufficiency of the substance of allegation
special 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. . 1996.

demurrer
I 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. . 2006


demurrer
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. . 2008.


demurrer
(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 Lawsuit
Category: Mediation, Arbitration & Collaborative Law
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Small Claims Court
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.


demurrer
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. . 2000.


demurrer
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.


demurrer
I
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.

demurrer
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.
   See also: motion, pleading

Law dictionary. . 2013.

Synonyms:

Look at other dictionaries:

  • Demurrer — De*mur rer, n. 1. One who demurs. [1913 Webster] 2. (Law) A stop or pause by a party to an action, for the judgment of the court on the question, whether, assuming the truth of the matter alleged by the opposite party, it is sufficient in law to… …   The Collaborative International Dictionary of English

  • demurrer — legal pleading, 1530s, from Anglo Fr. demurrer, O.Fr. demorer to delay, retard (see DEMUR (Cf. demur)) …   Etymology dictionary

  • demurrer — [di mʉr′ər] n. [OFr demorer, to DEMUR: inf. used as n.] 1. a plea for the dismissal of a lawsuit on the grounds that even if the statements of the opposing party are true, they do not sustain the claim because they are insufficient or otherwise… …   English World dictionary

  • Demurrer — Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil procedure Jurisdiction Subject matter jurisdiction Diversity jurisdiction Personal jurisdiction Removal jurisdiction Venue Change of venue …   Wikipedia

  • demurrer — An allegation of a defendant, which, admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the… …   Black's law dictionary

  • demurrer — An allegation of a defendant, which, admitting the matters of fact alleged by complaint or bill (equity action) to be true, shows that as they are therein set forth they are insufficient for the plaintiff to proceed upon or to oblige the… …   Black's law dictionary

  • demurrer — demurrer1 /di merr euhr/, n. a person who demurs; objector. [DEMUR + ER1] demurrer2 /di merr euhr/, n. 1. Law. a pleading in effect that even if the facts are as alleged by the opposite party, they do not sustain the contention based on them. 2.… …   Universalium

  • demurrer — Synonyms and related words: answer, apostate, argument, beef, bitch, boycott, challenge, complaint, compunction, counterstatement, defense, demonstration, demur, demurral, denial, difficulty, dissenter, dissentient, dissident, exception,… …   Moby Thesaurus

  • demurrer — noun 1. /dəˈmɜrə/ (say duh merruh) someone who demurs; an objector. 2. /diˈmʌrə/ (say dee muruh) Law a pleading in effect that even if the facts are as alleged by the opposite party, they do not sustain the contention based on them: *Stephen, for …   Australian English dictionary

  • demurrer — A method of raising an objection to the sufficiency in law of a pleading. 27 Am J2d Eq § 299; 41 Am J1st Pl § 204. While demurrers are abolished in many jurisdictions by statute, the abolition is superficial, being essentially one of terminology …   Ballentine's law dictionary

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