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The answer is clear: The defense. Since it is up to the prosecution to prove that the defendant committed the crime alleged, if the prosecution does not provide any proof (in the form of evidence), the case must be dismissed.
A motion hearing is a hearing that is held in front of the judge after one of the lawyers in the case has filed a written request for the judge to do something. At the hearing, the lawyers will orally argue for or against the request, and in some cases, testimony will be taken regarding the issue.
Most evidence is presented through the oral testimony of witnesses who speak under oath. The lawyer who has called a particular witness asks a series of questions referred to as the direct examination, and the opposing lawyer follows with the cross-examination.
Select the evidence that proves what you need to show. Review the information you identified and pick out the evidence that will convince the judge of the points you need to explain. Choose evidence that relates directly (is ?relevant?) to what you need to show (?prove?).
Term: NO EVIDENCE. Definition: No evidence means that there is not enough proof to support a claim or argument. It is when someone cannot show enough evidence to convince a judge or jury that their side is true. This can happen in a court case when one party cannot prove an important part of their case.