speaking demurrer

speaking demurrer
An attempt to introduce new evidence during a hearing on a demurrer. Because a demurrer is an argument that assumes all of the facts in the challenged pleading are correct, evidence outside of the pleading may not be considered, and speaking demurrers are therefore not allowed. (See also: demurrer)
Category: Small Claims Court & Lawsuits

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

speaking demurrer
n.
   an attempt to introduce evidence during a hearing on a demurrer. A demurrer is a legal opposition to a complaint in a lawsuit (or to an answer), which says, in effect, that even if the factual claims (allegations) are true, there are legal flaws or failures in the lawsuit. Therefore, since the factual allegations are admitted for the sake of argument, introducing evidence is improper, and an attorney making a "speaking demurrer" will be halted, often in mid-argument. Example: Attorney Perry Pickwick files a demurrer to a complaint for damages due to medical malpractice, in which he argues that the suit was filed too late (after the time allowed by the statute of limitations) since the complaint itself stated the malpractice took place more than three years before the filing and the limitation by law is two years. However, the complaint also stated that the plaintiff Elsa Edwards did not discover the resulting problems until much later, and therefore, she had extra time. Faced with this counterargument, Pickwick attempts a "speaking demurrer" by arguing, "we have a letter in which plaintiff Edwards complained about pain right after the operation."
   See also: demurrer

Law dictionary. . 2013.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • speaking demurrer — A demurrer which should be overruled as setting up a ground dehors the record, or a ground which to be sustained requires reference to facts not appearing on the face of the pleading attacked. 41 Am J1st Pl § 209 …   Ballentine's law dictionary

  • speaking — speak·ing adj: addressing matters not set forth in the pleadings a speaking demurrer a speaking motion Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. speaking …   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 — 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

  • List of law topics (S-Z) — NOTOC Law [From Old English lagu something laid down or fixed ; legal comes from Latin legalis , from lex law , statute ( [http://www.etymonline.com/index.php?search=law searchmode=none Law] , Online Etymology Dictionary; [http://www.m… …   Wikipedia

  • Motion (legal) — For other uses, see Motion (disambiguation). In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge (or judges) to make a decision about the… …   Wikipedia

  • Montauk Point land claim — Stephen Talkhouse The Montauk Point land claim was a series of three lawsuits brought by Chief Wyandank Pharaoh, nephew of the famous Stephen Talkhouse who died in the same year (1879) that the tribe lost the last remaining vestige of their… …   Wikipedia

  • Lawsuit — Litigators redirects here. For John Grisham s 25th novel, see The Litigators. Civil action redirects here. For the film of the same name, see A Civil Action. Civil procedure in the United States Federal Rules of Civil Procedure Doctrines of civil …   Wikipedia

  • Near v. Minnesota — Supreme Court of the United States Argued January 30, 1930 Decided June 1, 1931 …   Wikipedia

  • answer — Synonyms and related words: Agnus Dei, Benedicite, ESP, Gloria, Gloria Patri, Gloria in Excelsis, Introit, Magnificat, Miserere, Nunc Dimittis, Parthian shot, Te Deum, Trisagion, Vedic hymn, accomplishment, accord, acknowledge, acknowledgment,… …   Moby Thesaurus

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”