*R. RULE 33 (Codal) DEMURRER TO EVIDENCE

Question 1

Section 1. Demurrer to evidence.

Answer 1

• When: After the plaintiff has completed the presentation of his or her evidence
• event: defendant may move for dismissal
• ground: upon the facts and the law the plaintiff has shown no right to relief

B.If his or her motion is denied– right to present evidence

C. If the motion is granted but on appeal the order of dismissal is reversed–deemed to have waived the right to present evidence.

L: After the plaintiff has completed the presentation of his or her evidence, the defendant may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief.

If his or her motion is denied, he or she shall have the right to present evidence.

If the motion is granted but on appeal the order of dismissal is reversed, he or she shall be deemed to have waived the right to present evidence.

Question 2

Section 2. Action on demurrer to evidence.

Answer 2

A demurrer to evidence shall be subject to the provisions of Rule 15.

The order denying the demurrer to evidence shall not be subject of an appeal or petition for certiorari, prohibition or mandamus before judgment.