![]() If the judge finds these errors, he/she will usually sustain the demurrer (state it is valid), but "with leave to amend" in order to allow changes to make the original complaint good. Some demurrers contend that the complaint is unclear or omits an essential element of fact. Some causes of action may be defeated by a demurrer while others may survive. A hearing before a judge (on the law and motion calendar) will then be held to determine the validity of the demurrer. (dee-muhr-ur) a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. West's Encyclopedia of American Law, edition 2. Even where the formal demurrer is no longer used, lawyers and judges often use the old term for an argument of the same type. The same argument against the plaintiff's Cause of Action can be, however, made by motion to dismiss the plaintiff's action on the ground that he or she has failed to state a claim on which relief can be granted. Under the modern rules of Pleading established by the rules of federal Civil Procedure and followed in a number of states, the demurrer has been abolished as a formal type of answer. A demurrer asserts that, even if the plaintiff's facts are correct, the defendant should not have to answer them or proceed with the case. A demurrer may further contend that the complaint does not set forth enough facts to justify legal relief or it may introduce additional facts that defeat the legal effectiveness of the plaintiff's complaint. While a demurrer admits the truth of the plaintiff's set of facts, it contends that those facts are insufficient to grant the complaint in favor of the plaintiff. The plaintiff sets out the facts that support the claim made in the complaint, and the defendant then has an opportunity to respond in an answer.Ī demurrer is a type of answer used in systems of Code Pleading, established by statute to replace the earlier common-law Forms of Action. ![]() ![]() The pleadings of the parties to a lawsuit describe the dispute to be resolved. An assertion by the defendant that although the facts alleged by the plaintiff in the complaint may be true, they do not entitle the plaintiff to prevail in the lawsuit. ![]()
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