A speaking demurrer is a demurrer that alleges something in addition to what is contained in the pleading to which the demurrer is filed; a demurrer that attempts to introduce new evidence (evidence outside of the record). Since demurrers assume that the factual allegations in the pleading are true, they may not introduce new information. Thus, speaking demurrers cannot be sustained.
[Last updated in August of 2021 by the Wex Definitions Team]