Demurrer (Civil/Criminal)
What is the difference between demurrer to evidence in civil actions and that in criminal actions?
In Civil Cases:
[1] The defendant does not waive his right to offer evidence in the event his motion is denied
[2] 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.
[3] In case of reversal, the appellate court shall render judgment for the plaintiff based on his evidence alone. (Rule 33, Sec. 1)
In Civil Cases:
[1] The defendant does not waive his right to offer evidence in the event his motion is denied
[2] 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.
[3] In case of reversal, the appellate court shall render judgment for the plaintiff based on his evidence alone. (Rule 33, Sec. 1)
In Criminal Cases:
[1] If the court denies the motion to dismiss, the accused may adduce evidence in is defense provided there was leave of court in filing the motion.
[1] If the court denies the motion to dismiss, the accused may adduce evidence in is defense provided there was leave of court in filing the motion.
[2] When the accused files such motion to dismiss without express leave of court, he waives the right to present evidence and submits the case for judgment on the basis of the evidence of the prosecution. (Section 15, Rule 19)
