What is a demurrer in civil law?

A demurrer in civil law is a type of pleading by a defendant in a lawsuit. In South Carolina, a demurrer is a motion filed by a defendant asking the court to throw out all or part of a plaintiff’s complaint because it does not state facts that are legally sufficient to form the basis of a claim. Typically, demurrers are used to challenge the sufficiency of allegations in the complaint. In other words, they ask the court to review whether the complaint adequately alleges a legally recognizable claim. If a court grants a demurrer, it stays the proceedings until the plaintiff corrects the deficiency or dismisses the case. For example, a court can grant a demurrer if the complaint fails to provide supporting facts or is otherwise legally insufficient to form the basis of a claim. In such cases, the plaintiff may be required to file an amended complaint which includes more details to support a claim. When considering a demurrer, the court presumes that all the facts in the complaint are true, however, the court will look beyond the facts of the complaint to determine whether a claim is viable. If the court grants a demurrer, it also has the discretion to allow the plaintiff to amend the complaint up to the point that the demurrer is granted. The court also has the discretion to dismiss the case if the plaintiff fails to amend the complaint as ordered.

Related FAQs

What is the doctrine of res judicata in civil law?
What is a civil complaint?
What is the difference between equitable relief and legal relief?
What are the differences between civil law and other areas of law?
What is a tort claim?
What is a default in civil law?
What is the doctrine of precedent in civil law?
What is a subpoena in civil law?
What type of evidence is admissible in civil law?
What is a plea agreement in civil law?

What is a demurrer in civil law?

Related FAQs

Related Blog Posts