Practice question
After the plaintiff rests, a defendant files a civil demurrer under Rule 33 asserting insufficient evidence for relief. Which classification is accurate?
- A motion seeking relief based on the plaintiff’s evidentiary showing.
- A new complaint by the plaintiff.
- A witness’s sworn testimony automatically.
- A replacement for the original answer in every case.
- A new initiatory pleading necessarily creating a separate suit.
Legal references
- Rules of Court, Rules 6, 9 Section 1, 15 Sections 1 and 3 and 33, retained provisions read with the current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
- 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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