Civil Procedure
Demurrer
duh-MUR-er
A pleading (in some state systems) asserting that the opposing party's pleading is legally insufficient even if its factual allegations are true.
Plain-English definition
A demurrer is the older common-law cousin of the modern federal motion to dismiss. Still used in some state systems (notably California) for the same purpose: arguing that even taking the complaint's allegations as true, the pleading fails to state a legal claim. Federal courts merged the demurrer into Rule 12 in 1938.
More in Civil Procedure
Amended Complaint
A revised complaint that changes, adds, or clarifies allegations, parties, or claims after the original complaint was filed.
Answer
The defendant's formal written response to the plaintiff's complaint, admitting or denying each allegation.
Class Certification
The judicial decision to allow a lawsuit to proceed as a class action on behalf of similarly-situated plaintiffs.
Collateral Estoppel
Also called issue preclusion. The doctrine that prevents re-litigating a specific issue that was actually decided in a prior case.
Complaint
The initial pleading filed by the plaintiff that starts a civil lawsuit.
Consolidation
Combining related cases for coordinated management, discovery, hearings, or trial.
Counterclaim
A claim brought by a defendant against the plaintiff within the same lawsuit.
Crossclaim
A claim by one party against a co-party, such as one defendant suing another defendant in the same case.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.