What is a demurrer in civil litigation?

A demurrer is a legal proceeding used in civil litigation that can be filed by either the plaintiff or the defendant in a civil case. It is a formal objection that states one of the following: that the complaint fails to state a claim that could be legally enforced; that the court does not have jurisdiction over the subject matter of the case; or that the complaint does not comply with the applicable statutory rules. When a defendant files a demurrer, it is essentially a formal challenge to the complaint, and it shuts down the court proceedings until the judge resolves the issue raised in the demurrer. If the judge does not agree with the defendant’s challenge, then the court proceedings resume. However, if the judge agrees with the challenge, then the case is dismissed and the plaintiff would have to bring an amended complaint if they wished to still pursue the case. In Tennessee, the filing of a demurrer is governed by the Tennessee Rules of Civil Procedure and the Law of Civil Procedure. The procedure requires the party filing the demurrer to set forth the legal basis of the objection in writing and to serve it on the opposing party. The opposing party then has an opportunity to respond to the objection. The judge will then review all the pleadings and case law before issuing an opinion on the merits of the demurrer.

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What is a demurrer in civil litigation?

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