What is a demurrer in civil litigation?

In civil litigation, a demurrer is a legal term used to challenge a complaint or petition filed by the opposing party in a suit. A demurrer challenges the legal sufficiency of the complaint or petition but does not challenge the facts it contains. A demurrer is often used by defendants early in a case, as soon as the complaint is served by the plaintiff. Once a court grants the demurrer, it determines that the facts of the case stated in the complaint are true, but it does not address the merits of the case—whether the plaintiff will prevail or not. In Hawaii, filing a demurrer requires the party to pay a filing fee and post a bond. The bond is used to cover the cost of the other side’s attorney fees if the demurrer is overruled. The party filing the demurrer must also provide the court with a supporting memorandum which sets out the legal and factual basis upon which the demurrer is based. The court may grant or overrule the demurrer, or it may opt to sustain the demurrer without issuing an opinion. If the demurrer is granted, the plaintiff may amend their complaint and refile it, or the case can be dismissed altogether. If the demurrer is overruled, the case will proceed as normal.

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What is a demurrer in civil litigation?

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