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  • Rule 33-Demurrer To Evidence

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    Gudzboi Toobad
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    Demurrer to evidence allows a defendant to move for dismissal after the plaintiff has presented their case if the facts and law do not support the plaintiff's right to relief. If the motion is denied, the defendant may present evidence. If granted but later reversed on appeal, the defendant waives their right to present evidence. A demurrer differs from a motion to dismiss in terms of timing, grounds, and effects on presenting evidence and refiling complaints. Civil and criminal demurrers also differ procedurally regarding appeals and presenting a defense.

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    Rule 33 Civ Pro

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    Rule 33-Demurrer to Evidence

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    Demurrer to evidence allows a defendant to move for dismissal after the plaintiff has presented their case if the facts and law do not support the plaintiff's right to relief. If the motion is denied, the defendant may present evidence. If granted but later reversed on appeal, the defendant waives their right to present evidence. A demurrer differs from a motion to dismiss in terms of timing, grounds, and effects on presenting evidence and refiling complaints. Civil and criminal demurrers also differ procedurally regarding appeals and presenting a defense.

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    65 views2 pages

    Rule 33-Demurrer To Evidence

    Uploaded by

    Gudzboi Toobad
    Demurrer to evidence allows a defendant to move for dismissal after the plaintiff has presented their case if the facts and law do not support the plaintiff's right to relief. If the motion is denied, the defendant may present evidence. If granted but later reversed on appeal, the defendant waives their right to present evidence. A demurrer differs from a motion to dismiss in terms of timing, grounds, and effects on presenting evidence and refiling complaints. Civil and criminal demurrers also differ procedurally regarding appeals and presenting a defense.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    RULE 33

    Demurrer to Evidence SECTION 1. Demurrer to evidence. After the plaintiff has completed the presentation of his evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. If his motion is denied, he shall have the right to present evidence. If the motion is granted but on appeal the order of dismissal is reversed he shall be deemed to have waived the right to present evidence. (1a, R35) NOTES: -Demurrer to evidence is a means to abbreviate the proceedings if the plaintiffs evidence is insufficient to prove his cause of action. The defendant moves the case to be resolved on the basis of the evidence presented by the plaintiff arguing that latters evidence is insufficient to prove the cause of action. When to file: After the plaintiff has completed the presentation of evidence or rested his case. Meaning, after the formal offer of the plaintiff is resolved. Basis: on the ground that upon the facts and the law the plaintiff has shown no right to relief. Effect if motion is granted: The case is ordered dismissed. This is an adjudication of merit. Effect if motion is denied: the defendant shall have the right to present evidence in chief. The court has no right to grant the relief demanded by plaintiff. If the case is dismissed: The plaintiff has the right to file an appeal. If appeal is granted (after the motion is granted dismissing the case): The defendant he shall be deemed to have waived the right to present evidence.

    DISTINCTION BETWEEN DEMURRER TO EVIDENCE (DE) (Rule 33) and MOTION TO DISMISS (MD)(Rule 16) 1. DE made after the plaintiff rests it case while MD before the filing of an answer. 2. DE ground is that plaintiff has not shown any right to relief while MD has so many grounds. 3. DE if denied, the defendant may present evidence while in MD defendant may file a responsive pleadings. 4. DE- if granted, complaint is dismissed but may not be re-filed. The remedy of plaintiff is to file an appeal while in MD complaint is dismissed and depending on the ground, the complaint maybe re-filed. DISTINCTION OF DEMURRER OF EVIDENCE BETWEEN CIVIL (Rule 33) AND CRIMINAL (Sec. 13, Rule 119) PROCEDURES. 1. Civil case leave of court is not required. Criminal cases maybe filed with or without the leave of court. 2. Civil case if demurrer is granted, the order of dismissal is appealable. In criminal case the accused is acquitted. No appeal is allowed under the principle of double jeopardy. 3. In Civil case if demurrer is denied, the defendant will proceed to present evidence. In criminal case accused will be allowed to present evidence only if he filed WITH LEAVE OF COURT. If there is no leave of court, he is deemed to have waive his right to present his evidence and he submits the case for judgment on the basis of the evidence for the prosecution.

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