A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of the opponent's pleading (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response. Since the demurrer procedure required an immediate ruling as does a motion, many common law jurisdictions therefore narrowed the concept of pleadings to be framing the issues in a case. Pleadings are not motions in and of themselves, and courts replaced the demurrer mechanism with the motion to dismiss for failure to state a cause of action or the application to strike out particulars of claim.
A demurrer is a pleading (usually filed by a defendant) which objects to the legal sufficiency of the opponent's plea.ding (usually a complaint) and demands that the court rule immediately about whether the pleading is legally adequate before the party must plead on the merits in response. Since the demurrer procedure required an immediate ruling as does a motion, many common law jurisdictions therefore narrowed the concept of pleadings to be framing the issues in a case Pleadings are not motions in and of themselves, and courts replaced the demurrer mechanism with the motion to dismiss for failure to state a cause of action o.r the application to strike out particulars of claim