demurrer

1 of 2

noun (1)

de·​mur·​rer di-ˈmər-ər 

-ˈmə-rər

1

: a response in a court proceeding in which the defendant does not dispute the truth of the allegation but claims it is not sufficient grounds to justify legal action

2

: objection

demurrer

2 of 2

noun (2)

de·​mur·​rer di-ˈmər-ər 

: one that demurs

Did you know?

A demurrer is a plea in response to an allegation that admits its truth but also asserts that it is not sufficient as a cause of action. In the US, demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in some states. A general demurrer challenges the sufficiency of the substance of an allegation, whereas a special demurrer challenges the structure or form of an allegation.

Synonyms

Noun (1)

• challenge
• complaint
• demur
• demurral
• difficulty
• exception
• expostulation
• fuss
• kick
• objection
• protest
• question
• remonstrance
• stink

Examples of demurrer in a Sentence

Noun (1)

the only demurrer voiced by most music critics was that the piece was too short

Recent Examples on the Web

Noun

McGee, Simmons and Stanley challenged the complaint in a demurrer motion first filed in December, arguing that the defendants and Stueber’s family had already settled the matter in 2023 through a $250,000 Worker’s Compensation settlement. —Ethan Millman, Rolling Stone, 21 June 2024

With the demurrer unsuccessful, Mallen indicated that the defense would file a motion for summary judgement, which if granted would end the case. —Ethan Millman, Rolling Stone, 21 June 2024

Judge Jonathan Fish in a ruling released Tuesday afternoon agreed with a demurrer filed by Carr, which objected to the air show’s legal arguments. —Michael Slaten, Orange County Register, 11 June 2024

Talley is set to make a ruling on whether to grant the demurrer Friday. —Theresa Clift, Sacramento Bee, 2 May 2024

Focus and Goldman are also arguing that pursuant to their engagement agreement, the matter should be litigated in New York, and alternatively filed a demurrer to six of the eight causes of action, arguing failure to state a claim for everything but breach of contract. —Ashley Cullins, The Hollywood Reporter, 7 June 2023

Warner filed a second demurrer in December, and after a hearing in January, a judge agreed in February that Walters’ claims, as written, were outside the two-year statute of limitations. —Nancy Dillon, Rolling Stone, 15 Apr. 2022

Warner filed his first demurrer challenging her lawsuit in October, saying Walters’ claims were too old for a civil court judge to even entertain. —Nancy Dillon, Rolling Stone, 15 Apr. 2022

Live Nation filed its own demurrer to the lawsuit last month. —Nancy Dillon, Rolling Stone, 9 Aug. 2022

Word History

Etymology

Noun (1)

Anglo-French demourer, verb

Noun (2)

demur entry 1

First Known Use

Noun (1)

circa 1521, in the meaning defined at sense 1

Noun (2)

1711, in the meaning defined above

Legal Definition

demurrer

noun

de·​mur·​rer di-ˈmər-ər 

: a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action compare confession and avoidance

Note: Demurrers are no longer used in federal civil or criminal procedure but are still used in some states. General demurrers are replaced in the Federal Rules of Civil Procedure by motions to dismiss for failure to state a claim on which relief may be granted. Special demurrers are replaced by motions for a more definite statement. In the Federal Rules of Criminal Procedure, a motion to dismiss or to grant appropriate relief takes the place of a demurrer. Demurrers are sometimes used to question a court's jurisdiction.

— demurrer to the evidence

: a demurrer that asserts that the evidence is not sufficient to create a question of fact for the jury to decide

— general demurrer

: a demurrer that challenges the sufficiency of the substance of allegation

— special demurrer

: a demurrer that challenges the structure or form of an allegation as uncertain or ambiguous

Note: A special demurrer must specify the defect in the allegation.

Etymology

Noun

Anglo-French, from demurrer to file a demurrer, literally, to stay, dwell, delay, from Old French demorer, from Latin demorari to delay