Pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a
Defendant saying "so what" to the pleading.
Typically, the
Defendant in a case 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 to the defenses set forth in an answer. If a cause of
Action in a complaint does not state a cognizable claim (e.g., the claim is nonsense) or if it does not state all the required elements, then the challenged cause of
Action or possibly the entire complaint can be "thrown out" with a demurrer. 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.
Demurrer
