Sample Form of Motion for Leave of Court to File Demurrer to Evidence
Legal Paper sample of demurrer to evidence
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Sample Legal Form of a Motion for Leave Court to file Demurrer to the Evidence in a criminal case in the Philippines REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT ___ JUDICIAL REGION BRANCH ____ ______ City PEOPLE OF THE PHILIPPINES, Crim. Case No. -versusJUAN DELA CRUZ, Accused. x--------------------x
MOTION FOR LEAVE OF COURT to file DEMURRER TO THE EVIDENCE Comes Now, Accused, through counsel, respectfully states: 1. That the prosecution has presented its witnesses and has formally offered its evidence; 2. That the admissibility of exhibits so offered had been resolved in the order dated April 28, 2005 which was received by the undersigned counsel on May 3, 2005; 3. That the accused seeks leave of court to file a Demurrer to the Evidence. on the ground that the evidence presented by the prosecution is not sufficient to warrant a conviction of the guilt of the accused beyond reasonable doubt; 4. That this motion is filed in good faith and not for the purpose of delaying the proceedings of this case; WHEREFORE, it is respectfully prayed that the accused be granted Leave of Court to file a Demurrer to the Evidence. Davao City, Philippines, May __, 2005. _______________ Counsel for the Accused
NOTICE OF HEARING
Pros. ________________ The City Prosecutor’s Office Please be notified that the undersigned has set the hearing of this motion for leave of court for the consideration of the Honorable Court on ___________ at 8:30 am without further oral argument and sans appearance of counsel. Thank you. __________________________ Name and signature of Counsel Copy furnished: Pros. _________ Office of the City Prosecutor