What is a Demurrer?
A demurrer is a request made to a court asking it to dismiss a lawsuit. In most jurisdictions, the grounds for a demurrer must appear on the face of the pleading, including exhibits, to which the demurrer is directed, or constitute a matter of which the court can or must take judicial notice. The moving party will make one of a number of possible arguments, most commonly that the claims set forth in the petition or complaint fail to state a claim on which relief can be granted. In most states and in federal court, the term demurrer has been replaced by ‘motion to dismiss for failure to state a claim’ (called a ’12(b)(6) motion’ in federal court) or similar term.