What is sustained demurrer?

A sustained demurrer is a motion filed by a defendant in response to a complaint or indictment that alleges the plaintiff or prosecution has not stated a claim to which relief can be granted. The demurrer essentially argues that, even if everything the plaintiff has alleged is true, they have not presented a valid legal case against the defendant.

If a demurrer is sustained, it means that the judge agrees with the defendant's argument and dismisses the case. The plaintiff or prosecution will typically have an opportunity to amend their complaint or indictment to address the deficiencies identified by the court, but if they are unable to do so successfully, the case may be dismissed with prejudice, meaning the plaintiff cannot bring the case again.

Sustained demurrers can be filed in civil or criminal cases and are useful tools for defendants to seek dismissal of frivolous or meritless claims at an early stage of litigation. However, courts are generally hesitant to sustain demurrers unless it is clear that the plaintiff or prosecution has no viable case, preferring instead to allow cases to proceed to discovery and trial if there is any chance that the plaintiff could prove their allegations.