UNIFORM CIVIL PROCEDURE RULES 2005 - REG 29.9 Dismissal of proceedings on defendant's application

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 29.9

29.9 Dismissal of proceedings on defendant's application

(cf SCR Part 34, rule 7; DCR Part 26, rule 7; LCR Part 21, rule 5(2)-(7))

(1) A defendant in proceedings in which the plaintiff is the beginning party may apply to the court for an order--

(a) for the dismissal of the proceedings, or

(b) for the dismissal of the proceedings to the extent to which they concern any cause of action relevant to the plaintiff's claim for relief against that defendant,

on the ground that, on the evidence given, a judgment for the plaintiff could not be supported.

(2) Such an application may be made at any time after the conclusion of the evidence for the plaintiff in his or her case in chief.

(3) The plaintiff may argue, or decline to argue, the question raised by the application.

(4) The court may not make an order under this rule unless the plaintiff argues the question raised by the application and the defendant satisfies the court that, on the evidence given, a judgment for the plaintiff could not be supported.

(5) If the plaintiff declines to argue the question raised by the application, or if the defendant fails to satisfy the court that, on the evidence given, a judgment for the plaintiff could not be supported, the defendant--

(a) may adduce evidence or further evidence, or

(b) may make an application under rule 29.10.

(6) If fewer than all defendants apply to the court under subrule (1), the court must not deal with any such application before the conclusion of the evidence given for all parties.