Demurrer

What demurrer means

Put simply, demurrer is part of the working vocabulary of a civil case. The short definition above covers the usual meaning. Still, a specific rule, statute or contract can give it a narrower meaning. For that reason, check how it is used in your own documents.

Where demurrer comes up

For example, the term appears in these procedures:

• Motion to Dismiss for Failure to State a Claim (Fed. R. Civ. P. 12(b)(6)): a motion arguing that, even if the facts alleged are true, the complaint does not state a claim upon which relief can be granted.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses demurrer in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Defendant: the person or entity a lawsuit is brought against.
• Deficiency judgment: a judgment for the amount still owed after a foreclosure sale brings less than the debt, where state law allows one.
• Deponent: the person whose deposition is being taken.
• Deposition: out-of-court testimony given under oath and recorded, usually in question-and-answer form.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.