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  • What Is The Purpose of Commenting To The Formal Offer of Evidence?

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    A formal offer of evidence specifies the purpose for which documentary or object evidence is being offered after testimonial evidence in court. Commenting on a formal offer allows opposing parties to object to evidence or raise objections. A demurrer to evidence allows the defense to request dismissal if the prosecution has not shown right to relief, and must be filed within 5 days of the prosecution resting. A demurrer protects the rights of the accused by requiring the prosecution to prove guilt beyond a reasonable doubt based on evidence presented.

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    A formal offer of evidence specifies the purpose for which documentary or object evidence is being offered after testimonial evidence in court. Commenting on a formal offer allows opposing parties to object to evidence or raise objections. A demurrer to evidence allows the defense to request dismissal if the prosecution has not shown right to relief, and must be filed within 5 days of the prosecution resting. A demurrer protects the rights of the accused by requiring the prosecution to prove guilt beyond a reasonable doubt based on evidence presented.

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    11 views1 page

    What Is The Purpose of Commenting To The Formal Offer of Evidence?

    Uploaded by

    ylessin
    A formal offer of evidence specifies the purpose for which documentary or object evidence is being offered after testimonial evidence in court. Commenting on a formal offer allows opposing parties to object to evidence or raise objections. A demurrer to evidence allows the defense to request dismissal if the prosecution has not shown right to relief, and must be filed within 5 days of the prosecution resting. A demurrer protects the rights of the accused by requiring the prosecution to prove guilt beyond a reasonable doubt based on evidence presented.

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    1. What is a formal offer of evidence?

    - Rule 132, Sec. 34 – Offer of evidence. The Court shall consider no


    evidence which has not been formally offered. The purpose for which
    must be specified.
    - Documentary and object evidence shall be offered after the
    presentation of a party’s testimonial evidence.
    2. What is the purpose of commenting to the formal offer of evidence?
    - to oppose the evidence formally offered by the prosecution
    or to raise objections.WIthdrwss
    3. Function of a demurrer of evidence
    - If the defense counsel/ defendant believes that upon the
    facts and the law the plaintiff has shown has no right to relief,
    then the defendant may move for dismissal.
    4. When to file it? Within 5 days after the prosecution has rested its
    case. (stating its grounds).
    5. How does a demurrer protect the right of the accused?
    - Since there is a presumption of innocence on the part of the
    accused until proven guilty as provided in our constitution

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