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Civil Procedure • Demurrers
CIVPRO#042
Legal Definition
A demurrer is 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.
Plain English Explanation
Demurrers test the sufficiency of the complaint or answer. When you demurrer a complaint, you are basically saying, "This is a waste of the court's time, because even if we agree that 100% of the complaint is true, there is nothing in it that is legally actionable or appropriate to be dealt with in court."
