What Does ‘Speaking Demurrer’ Mean?

The term “speaking demurrer” is a legal term used in certain court proceedings. This phrase refers to a document filed to object to a complaint in a civil lawsuit, criminal trial, or other legal proceedings. A demurrer is a document that is filed with the court stating why the plaintiff’s claim is invalid and should be dismissed.

Unlike a motion to dismiss, a demurrer allows the court to determine, without hearing the full merits of a case, that a plaintiff’s claim isn’t sufficient to support the pleadings or to proceed with litigation. In a speaking demurrer, the defendant presents more than just the facts of the plea. In a speaking demurrer, the defendant also includes legal argument.

The Benefit of Speaking Demurrers

The advantage of a speaking demurrer is that it allows the defendant to make their legal argument to the court without having to present any evidence for their claims. In some cases, a speaking demurrer can be used to help move the case to the next step of the legal process, such as a trial or hearing.

By filing a speaking demurrer, the defendant also has the opportunity to address various technical issues in the plaintiff’s complaint that could lead to a dismissal of the case. For example, a defendant may raise a statute of limitations argument, or an argument about the lack of jurisdiction over the claim. In these cases, a speaking demurrer can save time and money by helping the court to quickly resolve the case.

Modern Examples

Speaking demurrers are still used today in both civil and criminal cases across the United States. For instance, in 2019, the U.S. Supreme Court heard a case involving a speaking demurrer in McKinney v. Arizona. In this case, the defendant filed a speaking demurrer in response to the state’s complaint, arguing that the state’s court imposed sentence was unconstitutional. In 2015, the defense attorneys in a criminal trial of Dzhokhar Tsarnaev argued a speaking demurrer claiming that their client had not been provided with a fair trial in the Boston marathon bombing.

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Speaking demurrers are a powerful tool that can be used by the defense in criminal and civil proceedings. It allows the defense to make their legal argument to the court without having to present evidence or call witnesses, and can save time and money by helping the court to quickly and decisively resolve legal issues.

Related Legal Concepts

Understanding speaking demurrers requires familiarity with the broader concept of a demurrer, which is the foundational pleading mechanism that speaking demurrers build upon. While a standard demurrer challenges the legal sufficiency of a complaint based solely on the facts alleged, a speaking demurrer goes further by incorporating additional legal arguments and authorities to support the challenge to the plaintiff’s claims.

The Bottom Line

A speaking demurrer is a procedural tool that allows defendants to challenge the legal sufficiency of a complaint while presenting additional legal arguments beyond the basic facts. This mechanism can provide an efficient way to resolve cases early in the litigation process by addressing fundamental legal deficiencies or jurisdictional issues. For guidance specific to your situation, always consult a qualified, licensed attorney.