Thursday, March 31, 2016

DEMURRER TO EVIDENCE:

    A demurrer to evidence is defined as “an objection by one of the parties in an action, to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue.” The Supreme Court held that a demurrer to evidence “authorizes a judgment on the merits of the case without the defendant having to submit evidence on his part, as he would ordinarily have to do, if plaintiff’s evidence shows that he is not entitled to the relief sought.” (OROPESA VS. OROPESA [2012]).

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