What is a demur in civil cases?

Answer 1

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.

Answer 2

The word demur in a court case means to object. This is a word that came into use from the old legal day. This is a Latin term that is constantly used in old legal cases.

Answer 3

To delay, put off till later, or hesitate.