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objecting the evidence. Like if someone provided evidence that was reason to object, the oposite party would ""demur to the evidence" and therefore be the demurrer of evidence. In law you raise an objection by entering a demurrer.
Wiki User
∙ 13y ago
Wiki User
∙ 9y agoA demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. Typically, the defendant in a case will demur to the complaint, but it is also possible for plaintiff to demur to an answer. The demurrer challenges the legal sufficiency of a claim, cause of action, or to the defenses set forth in an answer.
Wiki User
∙ 15y agoA motion to dismiss.
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How much time do you have to answer a demurrer?
A demurrer is an answer itself. A demurrer admits the facts of your opponent's allegations, but disagrees with your opponent's conclusions based on those facts. A demurrer can offer its own conclusions, or remain silent. If your question is really about time frames for responsive pleadings and not the archaic term "demurrer," search-engine "court rules" for the court in which your case is being litigated.
What can I do if opponent's demurrer is sustained?
file a amended complaint
Do you need a lawyer for your demurrer hearing or can you represent yourself?
Will represent self
What is term for legal document signed by judge for lack of evidence?
It is called a "Demurrer".
Who usually attends the hearing for the demurrer to be heard by the court?
The counsel for the parties to the suit.
What states do not allow demurrer in civil actions?
A demurrer is a written response to a complaint filed in a lawsuit which asks for dismissal of the charge on the grounds that even if the facts alleged in the complaint were true, there is no legal basis for the lawsuit. Some states have substituted a motion to dismiss for failure to state a cause of action, instead of a demurrer.Demurrers, or their equivelant, are an established matter of law in all US states.
What is a demur in civil cases?
A demurrer is otherwise known as Federal Rule of Civil Procedure 12(b)(6). If you file a demurrer, or a 12(b)(6) motion, you are saying that the case should be dismisses for failure to state a claim. Most demurrers are filed when the current law doesn't make something illegal or if you can't sue a party for something. For example, if I sued you for "looking at me funny", you could file a demurrer, because there is no law against looking at somebody funny. Here is another example: Alan hits bob with a stick. Bob sues charlie for battery. Charlie would file a demurrer because Bob's suit against Charlie would not work, because it was Alan, not charlie, who hit bob with a stick.
How do you use the word demur in a court of law?
A Demur is a method of objecting to the allegations set forth - not by denying the facts but by denying that they can sustain the pleading based on them. In other words, the facts might indicate other stronger possibilities than the one being used in the allegations.Answer'Demur' is the act of filing a 'demurrer' or to object to the legal sufficiency of a claim alleged in a complaint without admitting or denying the truth of the facts stated.Used in a sentence: The defendant corporation did not demur as expected after the complaint was filed.A 'demurrer' is the pleading that is filed with the court which, in most jurisdictions, is now called a 'motion to dismiss'.
Mechanics lien on your house that is included in a Chapter 13 Can the lien holder start foreclosure on your house?
Yes they can, you will need to file a demurrer to inform the court that the house is involved in a bankruptcy - that may not avoid foreclosure however, it may only delay it.
What has the author Thomas Herttell written?
Thomas Herttell has written: 'Remarks comprising in substance Judge Herttell's argument in the House of Assembly of this state of New York, in the session of 1837, in support of the bill to restore to married women \\' -- subject(s): Husband and wife, Legal status, laws, Married women, Personal property 'The demurrer' -- subject(s): Freedom of religion, Witnesses
What are some eight letter words with 1st letter D and 4th letter U and 6th letter R?
According to SOWPODS (the combination of Scrabble dictionaries used around the world) there are 8 words with the pattern D--U-R--. That is, eight letter words with 1st letter D and 4th letter U and 6th letter R. In alphabetical order, they are: daquiris deburred delubrum demurral demurred demurrer dhourras diquarks
If you overpaid your landlord by 4000 dollars showed him his mistakes and he chose to evict you instead of paying a refund or credit can you file a demurrer or motion to quash?
You could contact the local tenants protection agency where you live and ask to speak with an advocate. Laws vary in different jurisdictions. For some reason you have mentioned terms that apply to pleadings in an ongoing lawsuit and a motion asking the judge to declare a decision null or invalid. If you are already involved in a lawsuit then you should consult with your attorney. If not then you should visit your local small claims court to see if you can file a lawsuit against your landlord to recover your money.
