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Is a demurrer the same as a motion to dismiss?

A demurrer is a challenge to a particular claim that is made in court. A motion to dismiss is when a request is made to drop a court case. A demurrer or a motion to dismiss can be made on various grounds. For example, Bill Cosbys lawyer filed for a demurrer based on the statute of limitations.

What is an example of a demurrer?

Example: Gus files a demurrer to a complaint that accuses him of threatening Walter in violation of a statute that prohibits criminal threats. Gus claims that the statute is unconstitutional because it infringes free speech, and that the complaint is therefore void.

What does demurrer mean in law?

demurrer. n. (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.

Is a demurrer the same as a motion to dismiss?

A demurrer is a challenge to a particular claim that is made in court. A motion to dismiss is when a request is made to drop a court case. A demurrer or a motion to dismiss can be made on various grounds. For example, Bill Cosbys lawyer filed for a demurrer based on the statute of limitations.

What is a demurrer in California law?

A demurrer is a legal objection to the sufficiency of a pleading, attacking what appears on the face of the document and seeking dismissal of a case against the defendant. The demurrer must be made in open court before a plea is entered unless the court allows it to be made at a later time.

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What happens when a demurrer is granted?

If the demurrer is granted without prejudice and/or with leave to amend, then the plaintiff may correct errors filing a corrected and/or amended complaint. Demurrers sustained with prejudice are reserved for when the judge determines a plaintiff cannot cure or fix the complaint by rewriting or amending it.

What is the purpose of a demurrer?

Demur (or demurrer) refers to making a pleading that challenges the sufficiency or adequacy of pleadings of another party. Demurrers typically come in two forms: general and specific. A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue.

What are the two types of demurrer?

A demurrer is of two kinds; general or special. With respect to the effect of a demurrer, it is a rule that a demurrer admits all such matters of fact as are sufficiently pleaded.

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Is a demurrer the same as a motion to dismiss?

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