Speaking demurrer

{
  "id": "MLC-T-LAW-004601",
  "term": "Speaking demurrer",
  "field": "Law",
  "definition": "A demurrer that brings in new facts not found in the pleading it attacks, instead of relying only on what that pleading alleges. Courts treat it as improper because a demurrer admits the well-pleaded facts and tests only their legal sufficiency, so a court normally refuses to sustain it or disregards the added facts. The label survives mainly in states that retain demurrer practice, such as California and Virginia.",
  "url": "https://mlchart.com/terminology/law/speaking-demurrer/"
}