Is a demurrer prohibited in civil cases governed by the Rules on Expedited Procedures?
- The judge has not ruled on the FOE and the schedule of the presentation of my witness is tomorrow
- I already wrote a demurrer. I am planning to manifest filing of the demurrer after the judge has resolved the plaintiff’s FOE.
- Problem: civil case is under the Rules on Expedited Procedures, which is silent on demurrer to evidence. However, the Rules prohibit motion to dismiss.