(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. A hearing before a judge (on the
law and motion calendar) will then be held to determine the validity of the demurrer.
Some causes of action may be defeated by a demurrer while others may survive. Some
demurrers contend that the complaint is unclear or omits an essential element of
fact. 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. An amendment to the complaint cannot always overcome
a demurrer, as in a case filed after the time allowed by law to bring a suit. If
after amendment the complaint is still not legally good, a demurrer will be granted
sustained. In rare occasions, a demurrer can be used to attack an answer to a complaint.
Some states have substituted a motion to dismiss for failure to state a cause of
action for the demurrer.
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