Professional Documents
Culture Documents
Layug
Must be in writing except those made in open court or in the course of the
trial
CONTENTS
Relief sought to be obtained
Supporting affidavits
PARTS OF A MOTION
Title
A document filed with the court asking thejudgeto throw out certain
claims in a civil or criminal case, or to throw out the case altogether
If leave of court is granted, the accused shall file the demurrer to evidence
within a non-extendible period of ten (10) days from notice. The
prosecution may oppose the demurrer to evidence within a similar
period from its receipt.
The order denying the motion for leave of court to file demurrer to
evidence or the demurrer itself shall not be reviewable by appeal or by
certiorari before judgment.
JUDGMENT ON DEMURER TO
EVIDENCE IS PROPER WHEN:
Plaintiff has shown no right to relief;
Plaintiff failed to make out the material elements of his allegation; or
There are no evidence to support the allegation
MOTION FOR JUDGMENT OF
PLEADINGS
a partys request to the court to rule in his/her favor based on the
pleadings on file, without accepting evidence, as when the outcome of
the case rests on the court's interpretation of the law.