Motion to Dismiss  vs. Demurrer to Evidence

1. Time of Filing

A motion to dismiss is filed before a responsive pleading is made by the defendant. A demurrer to evidence is filed after plaintiff has rested its case.

2. Grounds

Motion to dismiss is grounded on preliminary objections enumerated under Rule 16. Demurrer to evidence is based on insufficiency of evidence. 

3. Remedy if denied

If a motion to dismiss is denied,  the  defendant  may file his responsive pleading. If the demurrer to evidence is denied, the defendant may present his evidence.