Speaking Demurrer Legal Meaning and Definition

Here is a simplified definition of the legal term Speaking Demurrer.

Speaking Demurrer (noun)

A Speaking Demurrer is a legal term that refers to the introduction of evidence in a lawsuit, asserting that even if the factual claims presented in the case are accepted as true, they cannot be acted upon due to a flaw or failure in the law that is applicable to the case.

For instance, in a case where a plaintiff introduces evidence showing they made a claim before the law of limitation began, yet the defendant argues that, despite the claim's truth, it cannot be pursued due to time expiration as per limitation act.