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No case for the defendant to answer (sometimes shortened to no case to answer) is a term in the criminal law of some Commonwealth states, whereby a defendant seeks acquittal without having to present a defence, because of the insufficiency of the prosecution's case. The motion is infrequently used in civil cases where the defendant asserts that the plaintiff's case is insufficient to prove liability.[a]
At the close of the prosecution's case during a criminal trial, the defendant may make a motion that there is no case for the defendant to answer (similar to a motion for a directed verdict in a United States court). If the judge agrees, then the matter is dismissed and the defendant is acquitted without having to present any evidence in their defence. If the judge does not accept the submission, the case continues and the defence must present their case.
Because a judge's refusal to uphold such a submission may potentially bias a jury's decision, a submission of no case to answer is usually heard in the absence of the jury.
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