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What is the difference between a plea and a demurrer?
In criminal cases, a demurrer was considered a common law due process right, to be heard and decided before the defendant was required to plead not guilty, or make any other pleading in response, without having to admit or deny any of the facts alleged.
What happens when a demurrer is granted?
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.
What is the purpose of a demurrer?
If a demurrer is granted, then the case will usually be dismissed. A demurrer can be amended if the judge determines that the case is valid but more facts are needed from the plaintiff to support the case. The judge will give the plaintiff extra time to strengthen their case.
What are the reasons for demurrer?
A general demurrer challenges a broader problem with a pleading that affects all of the claims brought, such as improper venue . A specific demurrer objects to a particular problem with the details of a pleading, most commonly the failure to claim sufficient facts for a cause of action.
What is the difference between a motion to dismiss and a demurrer?
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.
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People also ask
What is a demurrer in simple terms?
(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.
Related links
Declaration of Demurring Party in Support of Automatic
Tells the court that the other side refused to discuss the case with you regarding your intention to file a demurrer, motion to strike, or motion for judgment.
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