What is a demurrer to evidence?

A demurrer to evidence is a motion to dismiss on the ground of insufficiency of evidence. It is a remedy available to the defendant, to the effect that the evidence produced by the plaintiff is insufficient in point of law, whether true or not, to make out a case or sustain an issue.

What is a motion for discovery in a criminal case?

Discovery is the process of obtaining the evidence that the state plans to use against a defendant. It’s just a fancy word for evidence. Whenever an attorney says, “I’m going to request discovery,” that means they’re going to get the evidence that the state claims they have.

What does insufficiency of process mean?

Insufficient process means a failure to get proper legal service of legal papers on a person or entity. The lack of proper service may be due to a number of reasons, such as using the wrong delivery address, identifying the wrong court, etc.

What types of motions are there in court?

Motion to dismiss.

Discovery motions.

Motion to compel.

Motion to strike.

Motion for summary judgment.

Motion for a directed verdict.

Motion for nolle prosequi.

Motion in Limine.

What happens if a demurrer is sustained?

In lay terms, a judge who sustains a demurrer is saying that the law does not recognize a legal claim for the facts stated by the complaining party. If the judge overrules a demurrer, the court is allowing the claim or case to proceed.

Why are discovery rules in criminal cases different?

In both civil and criminal cases, discovery involves investigating the evidence that the other side plans to present. It can prevent any surprises at trial, narrow the issues that are disputed, and often help the two sides reach a resolution out of court rather than going through a full trial.

What is insufficient evidence?

Evidence which fails to meet the burden of proof. In a trial, if the prosecution finishes presenting their case and the judge finds they have not met their burden of proof, the judge may dismiss the case (even before the defense presents their side) for insufficient evidence.

What are criminal motions?

A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony. Only judges decide the outcome of motions.

What does it mean when a motion is sustained?

in trial practice, for a judge to agree that an attorney’s objection, such as to a question, is valid. If the judge agrees he/she will rule “sustained,” meaning the objection is approved and the question cannot be asked or answered.

Can a defendant file a demurrer in a motion to dismiss?

Depending on its purpose, a motion to dismiss is usually governed by Federal Rules of Civil Procedure 12. A demurrer is an objection to a complaint or counterclaim, not a motion to dismiss a case. A defendant can file a demurrer to object that a case proceeding because the plaintiff did not state a valid claim.

What are the grounds for a criminal demurrer?

Like its civil counterpart, a criminal demurrer is used to challenge defects that appear on the face of the complaint or information. Penal Code § 1004. Section 1004 lists the five grounds on which a demurrer may be filed. These grounds are considered exclusive, meaning there are no other legal grounds for a demurrer in a criminal case.

What does a demurrer dismissed with prejudice mean?

A demurrer dismissed with prejudice means the plaintiff cannot amend his complaint and serve it to the defendant. A motion to dismiss for failure to state a claim is governed by Federal Rules of Civil Procedure 12 (b) (6).

What is the difference between a demurrer and an objection?

The word demur means “to object”; a demurrer is the document that makes the objection. Lawyers informally define a demurrer as a defendant saying “So what?”

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