Demurrers

Demurrer is a procedural device used in civil litigation to challenge the legal sufficiency of a complaint or indictment. A demurrer contends that, even assuming the facts alleged by the plaintiff are true, they do not state a legally cognizable claim or set forth grounds for relief. Traditionally, demurrers tested form and substance of pleadings; they can address lack of a necessary party, jurisdiction, or failure to state a cause of action.

Grounds for a demurrer commonly include: failure to state a claim upon which relief can be granted; lack of jurisdiction over subject matter, person, or offense; ambiguity or vagueness; improper joinder or misjoinder of parties; or pleading defects that render the action defective as a matter of law. In some jurisdictions there are also demurrers to evidence, challenging the sufficiency of evidence presented to support a claim.

Process and effect: a demurrer is usually filed in writing and reviewed by the court. If sustained, the court may give the plaintiff leave to amend the complaint, or dismiss the action. If overruled, the defendant must answer the complaint, and the case proceeds to discovery and trial.

Relation to other devices: many jurisdictions have replaced demurrers with motions to dismiss for failure to state a claim, summary dismissal, or other postures such as judgments on the pleadings. The core rule remains that a demurrer tests legal sufficiency on the face of the pleadings, not the weight of the facts.