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https://www.nolo.com/legal-encyclopedia/what-demurrer.html
In a criminal case, a demurrer is a defendant’s assertion that the document laying out the charges—the complaint, information, or indictment—is legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it can’t be used to convict him or her.Author: Micah Schwartzbach, Attorney
https://www.greghillassociates.com/can-one-demurrer-to-a-criminal-complaint-on-what-basis.html
In a criminal court, a demurrer is rare, but also can be helpful in narrowing down the scope of charges or even in having the case dismissed. Like its civil counterpart, a criminal demurrer is used to challenge defects that appear on the face of the complaint or information. Penal Code § 1004.
https://www.michaelrehm.com/california-criminal-pleadings
A complaint is a written document submitted under oath which sets forth the criminal accusations against the defendant. Pursuant to California Penal Code Secs.859, 949, a complaint may be used as the sole pleading in an infraction or misdemeanor case, including driving under the influence, or as the initial (preliminary) pleading for felony cases.
http://support.casefox.com/support/solutions/articles/17000024817-sample-pleadings-free-download-
2. Opposition to a Demurrer to Complaint.Opposition to Demurrer to Plaintiff's Complaint. In the current case, Defendant filed a demurrer against Plaintiff's Complaint based on an extrinsic evidence. This opposition include case law and discussion to show that extrinsic evidence cannot be used to demurrer a complaint.
https://www.merriam-webster.com/dictionary/demurrer
Legal Definition of demurrer. : a plea in response to an allegation (as in a complaint or indictment) that admits its truth but also asserts that it is not sufficient as a cause of action — compare confession and avoidance. Note: Demurrers are no longer used in federal civil or criminal procedure …
https://www.linkedin.com/pulse/demurrer-complaint-california-nathan-mubasher
Nov 07, 2016 · A demurrer is a response to a pleading that objects to or challenges a pleading filed by an opposing party. The word demur literally means "to object"; a demurrer is the legal document that makes the objection. There are two types of demurrers in California, a general demurrer, and a special demurrer.
https://legal-dictionary.thefreedictionary.com/demurrer
A demurrer is a type of answer used in systems of Code Pleading, established by statute to replace the earlier common-law Forms of Action. While a demurrer admits the truth of the plaintiff's set of facts, it contends that those facts are insufficient to grant the complaint in favor of the plaintiff.
http://www.legalmission.org/samples/19-demurrer-to-FAC.pdf
A. That the Demurrer to the Complaint be sustained in its entirety, and/or as to each of the ten causes of action therein, without leave to amend; B. That the Plaintiff take nothing by his Complaint; C. For reasonable attorney fees and costs incurred herein; and D. For such other relief that this Court deems necessary and proper. Dated: _____
http://dictionary.law.com/Default.aspx?selected=487
An amendment to the complaint cannot always overcome a demurrer, as in a case filed after the time allowed by law to bring a suit. If after amendment the complaint is still not legally good, a demurrer will be granted sustained. In rare occasions, a demurrer can be used to attack an answer to a complaint.
https://study.com/academy/lesson/special-vs-general-demurrer-example-explanation.html
A demurrer is a legal defense to a complaint that objects to the complaint while not disputing any of the facts in the complaint. A demurrer says that even though the facts stated in the complaint...
https://www.law.cornell.edu/wex/demurrer
Demurrer A defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a valid cause of action. The precise basis for a demurrer can vary, with some examples being a failure to state a claim or an allegedly unconstitutional statute.
https://law.lis.virginia.gov/vacode/title8.01/chapter7/section8.01-273/
Nov 07, 2019 · All demurrers shall be in writing and shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court. A demurrer may be amended as other pleadings are amended.
https://www.avvo.com/legal-guides/ugc/what-is-a-motion-to-dismiss-demurrer
May 18, 2009 · What is a Motion to Dismiss (Demurrer)? The moving party must accept the allegations in the complaint as true. The most important thing to understand is that a motion to dismiss accepts the allegations in a complaint as true.
https://www.oregonlaws.org/ors/135.630
The defendant may demur to the accusatory instrument when it appears upon the face thereof: (1) If the accusatory instrument is an indictment, that the grand jury by which it was found had no legal authority to inquire into the crime charged because the same is not triable within the county;
https://bennettlawfirmllc.com/filing-a-demurrer-to-a-civil-complaint-in-california/
Oct 23, 2016 · Code of Civil Procedure Section 430.10 specifies how and in what manner a party may object to a complaint or cross-complaint by filing a general or special demurrer. A demurrer can only be used to challenge defects that appear on the face of the complaint, or from matters that can be made the subject of judicial notice.
http://dictionary.sensagent.com/demurrer/en-en/
At common law, a demurrer was the pleading through which a defendant would challenge legal sufficiency of a complaint in criminal or civil cases, but today the pleading has been discontinued in many jurisdictions, including the United Kingdom and the U.S. federal court system (though some state jurisdictions, including California and Virginia, retain it).
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