Editing Demurrer (section)

===State courts===

A majority of U.S. states (approximately 35) have adopted civil procedure rules modeled after the Federal Rules and therefore have abolished the demurrer and replaced it with the motion to dismiss for failure to state a claim upon which relief can be granted. In [[Supreme Court of Ohio|Ohio]], for example, demurrers are specifically prohibited.<ref>Ohio Rule of Civil Procedure 7(C) ("Demurrers shall not be used").</ref>

However, a demurrer can still be filed by the defendant in a minority of U.S. [[State court (United States)|state court]] systems. Demurrers are still used in [[Supreme Court of California|California]]<ref>[http://codes.lp.findlaw.com/cacode/CCP/3/2/6/3/1/s430.10 California Code of Civil Procedure Section 430.10.]</ref> and [[Supreme Court of Virginia|Virginia]]<ref>[https://law.lis.virginia.gov/vacode/8.01-273/ Code of Virginia Section 8.01-273.]</ref> state court civil practice. In California, a demurrer must assume the truth of the facts alleged by the complaining party, but challenges the complaint as a matter of law.<ref>Hensler v. City of Glendale(1994) 8 Cal.4th 1</ref> If a demurrer is sustained regarding the form of the complaint, leave to amend is liberally granted, and denial of leave to amend may constitute an abuse of discretion.<ref>Goodman v. Kennedy (1976) 18 Cal.3d 335</ref> Additionally, when children are removed from their parents and taken into foster care in California, the parents may challenge the sufficiency of the dependency complaint by means of a ''motion akin to demurrer'', which operates similarly to a demurrer.<ref>In re Fred J. (1979) 89 Cal.App.3d 168</ref> However, demurrers are prohibited in California in other family law actions.<ref>{{cite book | title=California Rules of Court, rule 5.74(b)(2)}}</ref> Also in California, a demurrer is not said to be "granted," but is said to be "sustained" or "overruled." An order sustaining a demurrer is not a readily appealable order unless it disposes of an entire action without leave to amend and results in a judgment.<ref>9 WITKIN, California Procedure (5th), ''Appeal'', Section 154 and 5 WITKIN, California Procedure (5th), ''Pleading'', Section 997.</ref>

The term ''preliminary objection'' is used in [[Judiciary of Pennsylvania|Pennsylvania state court]] to refer to all motions made after the filing of a complaint but before the filing of an answer; preliminary objections may be made "in the nature of a demurrer" (seeking to dismiss a cause of action for legal insufficiency) or "in the nature of a [[motion to strike (court of law)|motion to strike]]" (seeking to remove parts of a pleading for failure to abide by the technical rules), as well as various other means.<ref>Pa. R.C.P. 1028</ref> As with the traditional demurrer, preliminary objections are regarded as pleadings. Preliminary objections in the nature of a demurrer are governed by Rule 1028(a)(4) of the Pennsylvania Rules of Civil Procedure.