DEMURRER TO EVIDENCE

CIVIL CASES CRIMINAL CASES

NATURE MOTION TO DISMISS MOTION TO DISMISS
WHEN FILED After the plaintiff has completed the Without leave:
presentation of his or her evidence non-extendible period of five (5) days after
the prosecution rests its case

with leave:
non-extendible period often (10) days from
notice.
WHO FILES Defendant (1) on its own initiative after giving the
prosecution the opportunity to be heard or
(2) upon demurrer to evidence filed by the
accused with or without leave of court.
OPPOSITION Complainant must be filed within 5 The prosecution may oppose the motion
days from the receipt of the motion within a non-extendible period of five (5) or
(MOTIONS IN GENERAL) 10 days from its receipt. (same period as
above)
GROUND that upon the facts and the law the on the ground of insufficiency of evidence
plaintiff has shown no right to
relief
HOW TAKEN With notice & hearing – litigious 1. with leave of court
motion 2. without leave of court
EFFECT OF defendant shall have the right With leave:
DENIAL to present evidence. 1. the accused may adduce evidence in his
defense.

EFFECT OF If the motion is granted but on appeal
GRANT the order of dismissal is reversed, he
or she shall be deemed to
have waived the right to present
evidence.
Without leave:
1. the accused waives the right to present
evidence and
2. submits the case for judgment on the
basis of the evidence for the prosecution.
the grant amounts to an acquittal. Any
further prosecution for the same offense
would violate the accused's constitutional
right against double jeopardy.