Marks & Harrison attorneys Roger T. Creager and Steven G. Friedman have co-authored an opinion article featured in the June 2026 issue of Virginia Lawyer, the official publication of the Virginia State Bar. The article, “Courts and Litigants Should Take Steps to End the Use of Speaking Demurrers,” addresses an improper but persistent litigation practice that affects plaintiffs’ access to fair trials in Virginia courts.
A “speaking demurrer” occurs when a defendant improperly introduces new factual claims or outside evidence into a demurrer — a pleading that, under Virginia law, is strictly limited to challenging whether a complaint states a valid legal claim. Creager and Friedman argue that this practice violates established legal standards, endangers the constitutional right to a jury trial, and wastes the time and resources of courts and litigants alike.
The article calls on defense attorneys, opposing counsel, and circuit court judges to take concrete steps to end the practice, including the imposition of sanctions where warranted under Virginia’s good faith pleading statute.
Having an opinion piece selected for publication in Virginia Lawyer reflects meaningful recognition of an attorney’s expertise and standing in the legal community.
We are proud of Roger and Steve for using that platform in the public interest to improve the fairness and integrity of Virginia’s civil justice system.
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