Tuesday, October 19, 2010

Demurrer

A demurrer is a pleading in a lawsuit that objects to an earlier pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Typically, the defendant will demur to the complaint, but it is also possible for plaintiff to demur to an answer. The demurrer challenges the "legal sufficiency" of a claim, cause of action, or defense. If a cause of action in a complaint does not state a cognizable claim or if it does not state all the required elements, then the complaint can be knocked out with a demurrer. A demurrer is filed near the beginning of a case during the pleading phase.

[ the above is not original with VJ but accessed from Google]

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