demurrer

1 of 2

noun (1)

de·​mur·​rer di-ˈmər-ər How to pronounce demurrer (audio)
-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

demurrer

2 of 2

noun (2)

de·​mur·​rer di-ˈmər-ər How to pronounce demurrer (audio)
: 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 In the US, demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in some states.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.

Examples of demurrer in a Sentence

Recent Examples on the Web
Noun
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 Judge Orozco is expected to issue a related ruling as early as Friday on Live Nation’s similar challenge – known as a demurrer – to Corniel’s separate lawsuit alleging wrongful death, negligence, and premises liability. Nancy Dillon, Rolling Stone, 12 Jan. 2023 The demurrer was filed by Aaron Dyer and other attorneys at Pillsbury Winthrop Shaw Pittman LLP, who represent Baldwin and producers Ryan Smith, Allen Cheney, Matt DelPiano and Anjul Nigam. Gene Maddaus, Variety, 24 Jan. 2022 Wohlfeil previously allowed the Gordon complaint to proceed in litigation, rejecting what’s called a demurrer filed early in the legal dispute. Jeff McDonald, San Diego Union-Tribune, 21 Sep. 2022 The judge on the case is not expected to rule on the demurrer for months. Nancy Dillon, Rolling Stone, 20 July 2022

These examples are programmatically compiled from various online sources to illustrate current usage of the word 'demurrer.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.

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

Time Traveler
The first known use of demurrer was circa 1521

Dictionary Entries Near demurrer

Cite this Entry

“Demurrer.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/demurrer. Accessed 19 Mar. 2024.

Legal Definition

demurrer

noun
de·​mur·​rer di-ˈmər-ər How to pronounce demurrer (audio)
: 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

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