The “No Case” Submission

 The term ‘No Case Submission‘ is specific legal argument which is often used in trials.  As this is an article for the average person, I shall try to avoid legalese where possible.

In a trial, ‘he who alleges must prove’.

If it is a civil trial, suing someone, for example the test is the ‘balance of probabilities’.  If the incident could have happened the way the Plaintiff says it happened, and the response by the Defendent isn’t of much use, then the Plantiff wins the case.  If the Defendent can put up a defense which is better or equal to or almost equal to the Plantiff’s, so that the way the Defendent says the incident happened could have happened that way, then the Plantiff loses.

In a criminal trial, where someone is charged for committing a crime, the test is ‘beyond a reasonable doubt.’  The incident had to happen exactly the way the Complainant (victim or eye witness) says it happened. There is no ‘cut and paste’. The Prosecution, which is marshaling the evidence against the Defendant must prove that the incident happened without a doubt the way the victim or eye witness says it happened. 

The Defendant has nothing to prove. If his story is ridiculous, it doesn’t matter. If his story may be slightly credible, it doesn’t matter. The burden of proof rests on the Prosecution at all times.  The alibi of the accused can be thrown in the garbage, it is the Prosecution who must prove the case happened exactly as the evidence s/he marshaled says it happened.

In both civil and criminal trials the attorney for the Defendant might feel that the evidence presented is of such poor quality that no reasonable tribunal properly directed could find the Defendant guilty.  At this point, the Defence will make a No Case Submission.

Depending on the kind of trial it is, the style of the Defense Counsel, the submission may be a few minutes or a few hours.  The Defence may go through every bit of the evidence to discredit it or deal with the general principle in the paragraph above; that is there really isn’t any evidence against the defendant and if the judge or jury should think so, then the case would go to a higher court which would rule in the Defendant’s favour.