In a guardianship proceeding, is a demurrer to evidence proper?

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Multiple Choice

In a guardianship proceeding, is a demurrer to evidence proper?

Explanation:
Demurrer to evidence is a device used in ordinary civil actions to challenge the sufficiency of the plaintiff’s proof after the plaintiff has presented its evidence. A guardianship proceeding, however, is a special proceeding, and the rules do not authorize filing a demurrer to evidence there. The court in a guardianship case weighs the petition against any opposition on the record and may dismiss the petition or require further proof if the evidence fails to meet the statutory standards for guardianship. Since there is no recognized mechanism for demurring to evidence in this context, such a filing is not proper.

Demurrer to evidence is a device used in ordinary civil actions to challenge the sufficiency of the plaintiff’s proof after the plaintiff has presented its evidence. A guardianship proceeding, however, is a special proceeding, and the rules do not authorize filing a demurrer to evidence there. The court in a guardianship case weighs the petition against any opposition on the record and may dismiss the petition or require further proof if the evidence fails to meet the statutory standards for guardianship. Since there is no recognized mechanism for demurring to evidence in this context, such a filing is not proper.

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