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A demurrer is a plea in response to an allegation that admits its truth but also asserts that it is not sufficient as a cause of action. In the US, demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in some states. A general demurrer challenges the sufficiency of the substance of an allegation, whereas a special demurrer challenges the structure or form of an allegation.
Synonyms
Examples of demurrer in a Sentence
Ethan Millman, Rolling Stone, 21 June 2024
With the demurrer unsuccessful, Mallen indicated that the defense would file a motion for summary judgement, which if granted would end the case.
—Ethan Millman, Rolling Stone, 21 June 2024
Judge Jonathan Fish in a ruling released Tuesday afternoon agreed with a demurrer filed by Carr, which objected to the air show’s legal arguments.
—Michael Slaten, Orange County Register, 11 June 2024
Talley is set to make a ruling on whether to grant the demurrer Friday.
—Theresa Clift, Sacramento Bee, 2 May 2024
Focus and Goldman are also arguing that pursuant to their engagement agreement, the matter should be litigated in New York, and alternatively filed a demurrer to six of the eight causes of action, arguing failure to state a claim for everything but breach of contract.
—Ashley Cullins, The Hollywood Reporter, 7 June 2023
Warner filed a second demurrer in December, and after a hearing in January, a judge agreed in February that Walters’ claims, as written, were outside the two-year statute of limitations.
—Nancy Dillon, Rolling Stone, 15 Apr. 2022
Warner filed his first demurrer challenging her lawsuit in October, saying Walters’ claims were too old for a civil court judge to even entertain.
—Nancy Dillon, Rolling Stone, 15 Apr. 2022
Live Nation filed its own demurrer to the lawsuit last month.
—Nancy Dillon, Rolling Stone, 9 Aug. 2022
These examples are programmatically compiled from various online sources to illustrate current usage of the word 'demurrer.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.
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Cite this Entry
“Demurrer.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/demurrer. Accessed 4 Nov. 2024.
Copy CitationLegal Definition
demurrer
noun
Note: 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 a 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.
Note: A special demurrer must specify the defect in the allegation.
Noun
Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay
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