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Motu Propio Dismiss The Civil Case

This document outlines the rules regarding demurrer to evidence in civil and criminal cases. In civil cases, the defendant can file a demurrer to evidence after the plaintiff presents their case to argue there is no legal basis for relief. In criminal cases, the prosecution rests their case and the defendant may file to argue the evidence is insufficient. In both cases, a demurrer can be filed with or without leave of court. In criminal cases, with leave allows presenting a defense, without waives that right. If a demurrer is granted but reversed on appeal, the defendant waives their right to present evidence in a civil case.

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54 views2 pages

Motu Propio Dismiss The Civil Case

This document outlines the rules regarding demurrer to evidence in civil and criminal cases. In civil cases, the defendant can file a demurrer to evidence after the plaintiff presents their case to argue there is no legal basis for relief. In criminal cases, the prosecution rests their case and the defendant may file to argue the evidence is insufficient. In both cases, a demurrer can be filed with or without leave of court. In criminal cases, with leave allows presenting a defense, without waives that right. If a demurrer is granted but reversed on appeal, the defendant waives their right to present evidence in a civil case.

Uploaded by

step ramirez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Rule 33

Demurer to Evidence
CIVIL CASE CRIMINAL CASE
1. After the Plaintiff has c_mpl_t_d 1. Prosecution r_st_d its c_se.
the pr_s_nt_t_on of his
ev_d_nc_.
2. Move for dismissal: N_ r_ght to 2. Ins_ff_c_ency of Ev_d_nc_
r_li_f
3. Defendant m_st file. The court 3. M_y/M_y n_t file. The court c_n
c_nn_t motu propio dismiss the motu propio dismiss the civil case.
civil case.
4. May be filed with/without leave 4. May be filed with/without leave of
of court. If the demurrer is court.
D_ni_d, the defendant shall have
the right to pre_s_nt his With leave of court – if the evidence is
ev_d_nce. d_ni_d, the accused shall have the right
to pr_s_nt his ev_d_nce.

Without leave of court – the accused


wa_v_s the right to pr_s_nt his
ev_d_nc_.

5. If the demurrer to evidence is 5. If the demurrer to evidence is


gr_nt_d but on a_p_al the order gr_nt_d the accused is acq_itt_d and
of d_ssm_ss_l is r_v_r_ed, the no a_p_al therein shall be ent_rt_in_d
defendant shall be deemed to for it violates the right of the accused
have wa_v_d the r_ght to against do_bl_ j_op_rdy.
pr_s_nt ev_d_nc_.
RULE 34
Judgment on the Pleadings

RULE 35
Summary Judgments

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