Demurrer To Evidence 2b3e28

One of the most baffling topics in civil procedure is demurrer to evidence because you might confuse it with a demurrer to evidence in criminal cases. Let us know first, what is demurrer to evidence? Demurrer to evidence is a motion to dismiss filed by the defendant after the plaintiff had rested his case, on the ground of insufficiency of evidence. Hence, there needs to be a distinction between demurrer to evidence in criminal cases and demurrer to evidence in civil cases: Demurrer to Evidence in Civil Cases 

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When demurrer is denied, the defendant will now present his evidence to prove his defense because the defendant does not waive his right to present in the event the demurrer is denied. If the defendant’s demurrer is granted and the case is dismissed and the plaintiff appeals to the appellate court and on the appeal the court reverses the order of dismissal, the appellate court renders judgment immediately in favour of the plaintiff. The defendant loses his right to present evidence. The court cannot on its own initiative, dismiss the case after the plaintiff rests without any demurrer by the defendant. There is no such thing as motu propio demurrer.

Demurrer to Evidence in Criminal Cases 

If the demurrer of the accused is denied, the accused is no longer allowed to present evidence if he had no prior leave of court.

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If the demurrer is granted, there is no more appeal by the prosecution because the accused has already been acquitted. Otherwise, there’ll be a case of double jeopardy.

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The court may dismiss the action on its own initiative after giving the prosecution the chance to present its evidence.

In both cases, the motion is raised only after the prosecution or the plaintiff has presented his case and the ground is based on insufficiency of evidence. Another thing, the ground of no cause of action is incorporated under Rule 33, such that during the trial when there is really no cause of action, your

remedy is to file a demurrer to evidence under Rule 33. Also, you have to be able to differentiate between “no cause of action” under Rule 16 and the “no cause of action” under Rule 33. Under Rule 16, the ground of no cause of action is based on the complaint, while under Rule 33, the ground of no cause of action is based on the plaintiff’s evidence. Basically, these are the things that you need to acquaint yourself with when it comes to demurrer to evidence. Sources: Rules of Court 2011 Edition Riano, Civil Procedure 2011 Edition