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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In an ordinary civil case, the defendant files a Rule 33 demurrer without first obtaining leave. The court denies it. The plaintiff claims lack of prior leave alone automatically forfeited defense evidence. Which is correct under the civil rule?

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The defendant automatically wins because leave was omitted The criminal leave distinction must always replace the civil text The civil rule makes every denied demurrer an automatic forfeiture Rule 33 preserves defense evidence after denial and does not impose the asserted prior-leave condition

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