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- In a criminal case, a demurrer is a defendant's assertion that the document laying out the charges—the complaint, information, or indictment —is legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it can't be used to convict him or her.
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In a criminal case, a demurrer is a defendant's assertion that the document laying out the charges—the complaint, information, or indictment —is legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it can't be used to convict him or her.
A demurrer is typically filed near the beginning of a case in response to the plaintiff filing a complaint or the defendant answering the complaint. In common law, a demurrer was the pleading through which a defendant challenged the legal sufficiency of a complaint in criminal or civil cases.
Demurrer, in law, a process whereby a party hypothetically admits as true certain facts alleged by the opposition but asserts that they are not sufficient grounds for relief, or redress. A ruling on a demurrer can result in the quick disposition of a case resting on the point of law challenged in.
- The Editors of Encyclopaedia Britannica
Aug 27, 2015 · Definition of Demurrer. Noun. A response in a civil lawsuit which, while not disputing the truth of the allegations made by the plaintiff, claims there are no grounds to justify a lawsuit, or a cause of action within the lawsuit.
Nov 21, 2023 · A demurrer in the legal sense is a defense that does not refute the true allegations made in the court of law, but rather claims the evidence presented is not sufficient enough to establish a...
- Sammy receives a legal complaint from his ex-wife stating that he violated an order under the statute that prohibits a violation to the terms regar...
- A demurrer can raise reluctance or doubt in a legal case. This can lead to a dismissal of the case, saving the defendant and the court time from le...
- Filing a demurrer means making an objection to a plaintiff's complaint. This does not refute the true allegations of the complaint, but claims that...
- A demurrer is usually filed in a state court, while a motion to dismiss is filed in a federal court. A motion to dismiss is usually filed pre-trial...
A demurrer challenges the legal sufficiency of a complaint or claim without addressing the facts themselves. It is used early in litigation to argue that a case should be dismissed because it fails to present a claim upon which relief can be granted.
Mar 21, 2019 · Demurrer is a legal way of rejecting a claim without addressing the factual allegations contained within it. To demur to a civil lawsuit, a defendant essentially argues that even if the allegations are true, there is no legitimate legal claim.
