Practice question
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?
- The civil rule makes every denied demurrer an automatic forfeiture
- The criminal leave distinction must always replace the civil text
- Only the plaintiff may decide whether the defendant presents evidence
- Rule 33 preserves defense evidence after denial and does not impose the asserted prior-leave condition
- The defendant automatically wins because leave was omitted
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 33 sections 1–2, denial, granted dismissal reversed on appeal, and express pre-judgment review bar; Rule 15 applies to the motion.
- https://lawphil.net/judjuris/juri2022/jul2022/gr_243163_2022.html — International Exchange Bank v. Co Lee, G.R. No. 243163, July 4, 2022, main decision on full dismissal, reversal, and the qualified Rule 65 route where a grant leaves the main case pending.
Answer this question in flashcards to review your response and continue practicing.