Legal Definitions - demurrant

Definition: A demurrant is a party in a legal case who files a demurrer, which is a pleading stating that although the facts alleged in a complaint may be true, they are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer.

For example, if a plaintiff files a complaint that does not contain enough information to support a legal claim, the defendant may file a demurrer stating that the complaint is insufficient and should be dismissed.

The demurrer is still used in a few states, including California, Nebraska, and Pennsylvania, although in most jurisdictions, such a pleading is now termed a motion to dismiss.

Examples:

• A defendant in a lawsuit files a demurrer stating that the plaintiff's complaint does not contain enough information to support a legal claim.
• A demurrant in a criminal case files a demurrer stating that the charges against them are insufficient and should be dismissed.

These examples illustrate how a demurrant uses a demurrer to challenge the sufficiency of a legal claim or charge.