A party’s initial legal challenge to the plaintiff’s civil complaint requesting it be dismissed
A Demurrer is a formal responsive pleading that legally challenges the Plaintiff’s complaint on the basis that the complaint does not allege facts that would give rise to the cause of actions pled in the complaint. A demurrer asks from the court that the complaint be dismissed as a matter of law.
The judge must make this determination by limiting the consideration to the only facts pled in the complaint – commonly referred to as reviewing only that which lies within the four corners of the document.
If the Demurrer is granted, Plaintiff will have the right to amend its complaint in accordance with the judge’s ruling. Judges almost always allow the Plaintiff to amend the complaint.
