DEMURRER TO EVIDENCE (RULE 32)
NOTE1: Rule on DEMURRER TO EVIDENCE should now be RE-NUMBERED as Rule 32 (not Rule 33).
NOTE2: The amendments in Sec. 1 (Demurrer to evidence) are merely gender-based.
SECTION ORIGINAL PROVISION
Section 1. Demurrer to After the plaintiff has
evidence.  completed the presentation of
his 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 motion
is denied he shall have the right
to present evidence. If the
motion is granted but on
appeal the order of dismissal is
reversed he shall be deemed to
have waived the right to
present evidence. (1a, R35)
Section 2.  Action on demurrer NO ORIGINAL PROVISION
to evidence.
AMENDED PROVISION REMARKS
After the plaintiff has completed ❑ The amendments in Sec. 1
the presentation of his or (Demurrer to evidence) are
her evidence, the defendant may merely gender-based.
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.
A demurrer to evidence shall be ❑ This is a new section. The
subject to the provisions of Rule amendment requires that a
15. (Motions). demurrer to evidence is subject
to Rule 15 on Motions.
❑ Also, an order denying the
demurrer to evidence is not
The order denying the demurrer
subject to appeal or petition for
to evidence shall not be subject
certiorari, prohibition or
of an appeal or petition
mandamus before judgment
for certiorari, prohibition or
mandamus before judgment. (n)