Legal Definitions - parol demurrer

Definition: Parol demurrer is a legal term that refers to a pleading made by a defendant 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 against a defendant, the defendant may file a parol demurrer stating that even if the facts alleged in the complaint are true, they do not provide sufficient grounds for the plaintiff to seek relief.

Parol demurrer is now commonly referred to as a motion to dismiss in most jurisdictions, but it is still used in a few states, including California, Nebraska, and Pennsylvania.

Examples:

• A defendant files a parol demurrer stating that even if the facts alleged in the complaint are true, they do not provide sufficient grounds for the plaintiff to seek relief.
• In a few states, including California, Nebraska, and Pennsylvania, a parol demurrer is still used instead of a motion to dismiss.

These examples illustrate how a parol demurrer is a legal pleading made by a defendant stating that the facts alleged in a complaint are insufficient for the plaintiff to state a claim for relief and for the defendant to frame an answer.