If in a civil case a demurrer to evidence is denied, what is the effect?

• A. Defendant may present evidence.
• B. Defendant is acquitted.
• C. Case is dismissed.
• D. Plaintiff loses.

Answer: (A)

The main idea is that a demurrer to evidence tests whether the plaintiff has proved a case with the evidence already presented. If the court denies that demurrer, it means the plaintiff’s evidence is enough to sustain the action at this point, so the case continues. The defendant is then allowed to present evidence in defense to counter or rebut the plaintiff’s evidence. If the demurrer had been granted, the case would be dismissed for failure to prove the claim. The other outcomes—acquittal or dismissal right away—don’t occur just because the demurrer to evidence is denied; instead, the matter moves forward with the defendant’s opportunity to present its own proof.