Talk:Demurrer

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Demurrer... the problem with a merger of "non-suit" with "demurrer" is that non-suit is the legal term used in Canada and in British common law (and in other Commonwealth countries). Demurrer is not used at all (at least in Canada). I will instead make reference to this in the article... if that satisfies please remove the merger suggestion. Dyslexic agnostic 06:32, 28 October 2005 (UTC)

I've looked at this further... demurrer and non-suit are not the same thing. Demurrer is a form of pleading, whereas a non-suit is a motion brought during the course of a trial. Dyslexic agnostic 17:13, 28 October 2005 (UTC)

Spelling/Usage: Demurrer vs. Demur[edit]

Although this article is titled "Demurrer", the spelling "Demur" is used at least three places in the article. Also, the term "Demur" redirects here. As best as I can tell, "demurrer" is a noun that represents the legal pleading [1], while "demur" is a verb that means "to interpose a demurrer" in a legal proceeding [2]. If this is the case, then two of the usages of "demur" are correct, and the third one is one is incorrect. I corrected the (apparently) incorrect usage. Chimpex (talk) 18:38, 29 January 2008 (UTC)

In the PA Rules of Civil Procedure, it is spelled "demurrer" under Pa.R.C.P. 1028(a)(4).--Davidwiz (talk) 21:13, 14 March 2008 (UTC)

Demur is a verb and demurrer is a noun. Thanks for the fix and the ref. User:Pedant (talk) 19:02, 31 August 2008 (UTC)

demurrer: motion or not motion?[edit]

In the State courts section it says The demurrer motion can be made by the defendant, but in the Civil cases section it says Sidenote: Technically a "demurrer" is NOT a motion. One does not file a motion for demurrer nor move to demur

This is an internal inconsistency that should be corrected. One or the other statement is in error. User:Pedant (talk) 18:59, 31 August 2008 (UTC)

The demurrer is definitely NOT A MOTION. The problem is that this article keeps getting screwed up by poorly trained lawyers or law students who went to second and third-tier law schools, where the incompetent bozos they use for civil procedure professors don't take the time to thoroughly explain the difference between pleadings and motions, or the difference between common law, code, and notice pleading. Fortunately I went to a top-tier school in a state that still uses demurrers so my professor did explain this carefully. This article needs to be rewritten from scratch again, but I don't have the time or energy to do it.--Coolcaesar (talk) 05:12, 10 October 2008 (UTC)

Reference to Rule 7(c)[edit]

Under the Federal Court section, there is a statement that demurrers were abolished by Rule 7(c) of the FRCP. There is no Rule 7(c) - at least in the 2011 version of the FRCPs. If there was formerly a Rule 7(c) there should probably be some mention of when that rule was struck. Also on the same section, this should be Federal RuleS of Civil Procedure, not Rule. 141.161.125.52 (talk) 01:22, 13 October 2011 (UTC)

Done and done. --Coolcaesar (talk) 08:00, 15 October 2011 (UTC)