England and Wales
In civil law a demurrer as such is no longer available under the current law of England and Wales. However, two similar procedures may be employed where claims without merit need to be expeditiously dismissed.
Firstly, an application on notice can be made for summary judgment in favor of the Defendant. Secondly, the court has power to strike out the Particulars of Claim.
In order to have a non-meritorious claim dismissed, however, the distinction between the two procedures is that when the Particulars of Claim are struck out, the Claimant usually has another opportunity to file an amended Particulars of Claim, within (say) four weeks, whereas Summary Judgment is final (subject to appeal).
In criminal law demurrer is obsolete, although not formally abolished. It has been superseded by the more modern motion to quash, usually a verbal application to the judge to rule the indictment null and void and to stop the case (demurrer was pleaded in writing).
Read more about this topic: Demurrer
Famous quotes containing the words england and, england and/or wales:
“In England and America a beard usually means that its owner would rather be considered venerable than virile; on the continent of Europe it often means that its owner makes a special claim to virility.”
—Rebecca West (1892–1983)
“The instincts of merry England lingered on here with exceptional vitality, and the symbolic customs which tradition has attached to each season of the year were yet a reality on Egdon. Indeed, the impulses of all such outlandish hamlets are pagan still: in these spots homage to nature, self-adoration, frantic gaieties, fragments of Teutonic rites to divinities whose names are forgotten, seem in some way or other to have survived mediaeval doctrine.”
—Thomas Hardy (1840–1928)
“I just come and talk to the plants, really—very important to talk to them, they respond I find.”
—Charles, Prince Of Wales (b. 1948)