Legal Definitions - demurrer to evidence

A demurrer to evidence is a formal legal objection made by one party in a lawsuit, asserting that even if all the evidence presented by the opposing party is accepted as true, it is still legally insufficient to prove their case or establish a claim that warrants a judgment in their favor.

When a party makes a demurrer to evidence, they are essentially saying, "Assuming everything you've shown us is factually correct, it still doesn't meet the legal requirements to win." If the court agrees to hear the demurrer, the jury (if one is present) is typically dismissed, and the judge then decides whether the evidence, as presented, is legally strong enough to proceed or to support a judgment.

• Example 1: Civil Contract Dispute

  Imagine a software development company (Plaintiff) sues a client (Defendant) for breach of contract, claiming the client failed to pay for custom software. The Plaintiff presents evidence of the signed contract and emails showing they delivered the software. After the Plaintiff finishes presenting their case, the Defendant's attorney files a demurrer to evidence. The Defendant argues, "Even if we accept that a contract was signed and the software was delivered, the Plaintiff has presented no evidence whatsoever that the software actually *worked* as specified in the contract, which is a condition precedent for payment. Therefore, they haven't proven their entitlement to payment."

  This illustrates a demurrer because the Defendant isn't denying the existence of the contract or the delivery of *some* software. Instead, they are asserting that the Plaintiff's evidence, even if true, is legally insufficient to prove that the Plaintiff fulfilled their contractual obligations, which is a necessary element to claim payment.

• Example 2: Civil Personal Injury Claim

  Consider a case where a pedestrian (Plaintiff) sues a property owner (Defendant) for negligence, claiming they slipped and fell on an icy patch on the Defendant's sidewalk, sustaining injuries. The Plaintiff presents evidence of their injuries and a photograph of the icy sidewalk taken immediately after the fall. After the Plaintiff rests their case, the Defendant's attorney files a demurrer to evidence. The Defendant argues, "While we acknowledge the Plaintiff was injured and there was ice on the sidewalk, the Plaintiff has presented no evidence that the property owner *knew or should have known* about the ice, or had a reasonable opportunity to clear it, which is a crucial element for proving negligence in a slip-and-fall case."

  Here, the Defendant accepts the facts of the fall, the ice, and the injuries. However, they contend that the Plaintiff's evidence, even if true, fails to establish the legal element of the property owner's knowledge or constructive knowledge of the hazard, which is essential to prove negligence.

• Example 3: Criminal Theft Case

  In a criminal trial, the prosecution charges a defendant with the theft of a valuable antique from a store. The prosecution presents evidence that the defendant was seen loitering near the antique display shortly before it went missing, and that the defendant had a prior conviction for shoplifting. After the prosecution rests its case, the defense attorney could file a demurrer to evidence. The defense would argue, "Even if the court accepts that my client was near the display and has a criminal record, the prosecution has presented absolutely no evidence that my client *took* the antique, had it in their possession, or was seen leaving the store with it. Proximity and a past record, while potentially suspicious, are not enough to legally prove the act of theft."

  This example demonstrates a demurrer because the defense is not disputing the defendant's presence or criminal history. Instead, they are asserting that the prosecution's evidence, even if true, is legally insufficient to prove the essential element of the actual taking or possession of the stolen item, which is required for a conviction of theft.