What Does a Demurrer Do

A demurrer is a plea in response to an allegation that admits its truth but also asserts that it is not sufficient as a cause of action. … A general demurrer challenges the sufficiency of the substance of an allegation, whereas a special demurrer challenges the structure or form of an allegation.

What is an example of a demurrer?

Example: Gus files a demurrer to a complaint that accuses him of threatening Walter in violation of a statute that prohibits “criminal threats.” Gus claims that the statute is unconstitutional because it infringes free speech, and that the complaint is therefore void.

What happens after a demurrer is filed?

Once the answer is filed, then the case is said to be “at issue” (because there are now a complaint and answer on file opposing each other with the parties’ respective provisions), and the case proceeds to the discovery stage. In the alternative, a judge may sustain a demurrer with prejudice or without prejudice.