demur

Demur is a verb meaning to raise objections or to withhold agreement; to hesitate before accepting something. As a noun, a demur is an objection or reluctance.

Etymology: The word comes from Old French demurer, meaning to delay, itself from earlier Latin roots referring to postponement.

Legal sense: In law, a demurrer is a pleading or procedural device that challenges the legal sufficiency of a claim or indictment, without addressing disputed facts. Historically, a defendant could demur to a complaint; if the court sustained the demurrer, the claim was dismissed; if overruled, the case proceeded. In modern practice in the United States, demurrers have often been replaced by motions to dismiss for failure to state a claim (typically under Rule 12(b)(6) in federal court), though some jurisdictions still use demurrers. A court may sustain or overrule a demurrer; in some systems, a sustained ruling may be without leave to amend, while in others leave to amend is permitted.

Usage notes: In everyday English, demur is formal and somewhat archaic. It is most common in legal writing but may appear in general prose to indicate hesitation or objection. The verb form takes the present tense demurs and the past tense demurred; the noun form is typically used in legal contexts as well as in elevated style.

See also: objection, protest, motion to dismiss, pleadings, indictment.