In a lawsuit, a demurrer is a statement by the defendant that even if everything presented by the plaintiff is true, the facts are not sufficient for the plaintiff to proceed with his case or to require the defendant to answer. The defendant then awaits the judgment of the court.
The demurrer may also allege that the court in question has no jurisdiction. In modern procedure, the demurrer has been replaced by a motion to dismiss the case. If the motion is denied by the court, the case proceeds to trial.
To avoid the time and expense of a trial, the defendant or plaintiff may make a motion for a summary judgment by the court.
This motion is based on the claim by the defendant or plaintiff that because there is no real dispute as to the salient facts in the case, these facts or issues need not be sent to a jury for its verdict.
Instead, the question of law involved can be decided by the court. If the court approves the motion, a summary judgment is rendered favoring one of the parties in the case.
The demurrer may also allege that the court in question has no jurisdiction. In modern procedure, the demurrer has been replaced by a motion to dismiss the case. If the motion is denied by the court, the case proceeds to trial.
To avoid the time and expense of a trial, the defendant or plaintiff may make a motion for a summary judgment by the court.
This motion is based on the claim by the defendant or plaintiff that because there is no real dispute as to the salient facts in the case, these facts or issues need not be sent to a jury for its verdict.
Instead, the question of law involved can be decided by the court. If the court approves the motion, a summary judgment is rendered favoring one of the parties in the case.
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