Scribd Logo
Upload

Welcome to Scribd!

  • 3K views

    Guidelines On Archiving of Criminal and Civil Cases

    Uploaded by

    idemsonam
    This document outlines guidelines for archiving criminal and civil cases. For criminal cases, a case may be archived if the accused remains at large for 6 months after a warrant is issued. Cases can also be archived if proceedings are suspended indefinitely because the accused has an unsound mental condition, a prejudicial question in a civil case is invoked, or an interlocutory order is pending with a higher court. For civil cases, a case can be archived if the parties are in settlement negotiations for up to 90 days or if a higher court issues an injunction suspending proceedings. The presiding judge can order a case be reinstated from the archives when ready for further proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Guidelines On Archiving of Criminal and Civil Cases

    Uploaded by

    idemsonam
    3K views2 pages
    This document outlines guidelines for archiving criminal and civil cases. For criminal cases, a case may be archived if the accused remains at large for 6 months after a warrant is issued. Cases can also be archived if proceedings are suspended indefinitely because the accused has an unsound mental condition, a prejudicial question in a civil case is invoked, or an interlocutory order is pending with a higher court. For civil cases, a case can be archived if the parties are in settlement negotiations for up to 90 days or if a higher court issues an injunction suspending proceedings. The presiding judge can order a case be reinstated from the archives when ready for further proceedings.

    Original Description:

    A.C. No. 7-92

    Original Title

    Guidelines on Archiving of Criminal and Civil Cases

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines guidelines for archiving criminal and civil cases. For criminal cases, a case may be archived if the accused remains at large for 6 months after a warrant is issued. Cases can also be archived if proceedings are suspended indefinitely because the accused has an unsound mental condition, a prejudicial question in a civil case is invoked, or an interlocutory order is pending with a higher court. For civil cases, a case can be archived if the parties are in settlement negotiations for up to 90 days or if a higher court issues an injunction suspending proceedings. The presiding judge can order a case be reinstated from the archives when ready for further proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    3K views2 pages

    Guidelines On Archiving of Criminal and Civil Cases

    Uploaded by

    idemsonam
    This document outlines guidelines for archiving criminal and civil cases. For criminal cases, a case may be archived if the accused remains at large for 6 months after a warrant is issued. Cases can also be archived if proceedings are suspended indefinitely because the accused has an unsound mental condition, a prejudicial question in a civil case is invoked, or an interlocutory order is pending with a higher court. For civil cases, a case can be archived if the parties are in settlement negotiations for up to 90 days or if a higher court issues an injunction suspending proceedings. The presiding judge can order a case be reinstated from the archives when ready for further proceedings.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    ADMINISTRATIVE CIRCULAR NO. 7-92.

    GUIDELINES IN THE ARCHIVING OF CASES.

    I. CRIMINAL CASES

    (a) A criminal case may be archived only if after the issuance of the warrant
    of arrest, the accused remains at large for six (6) months from the delivery
    of the warrant to the proper peace officer. An order archiving the case shall
    require the peace officer to explain why the accused was not apprehended.
    The Court shall issue an alias warrant if the original warrant of arrest is
    returned by the peace officer together with the report. A copy of the order
    archiving the case shall be furnished the complainant.

    (b) The Court, motu propio or upon motion of any party, may likewise
    archive a criminal case, when proceedings therein are ordered suspended for
    an indefinite period because: chanroble svi rtual lawlib rary

    [1] The accused appears to be suffering from an unsound mental


    condition which effectively renders him unable to fully understand the
    charge against him and to plead intelligently, or to undergo trial, and
    he has to be committed to a mental hospital;

    [2] A valid prejudicial question in a civil action is invoked during the


    pendency of the criminal case unless the civil and the criminal cases
    are consolidated; and

    [3] An interlocutory order or incident in the criminal case is elevated


    to, and is pending resolution/decision for an indefinite period before a
    higher court and a stay/suspension is deemed appropriate in the
    interest of justice.
    cralaw

    II. CIVIL CASES

    In civil cases, the Court may motu proprio or upon motion, order that a civil case
    be archived only in the following instances:
    chanroblesv irt uallawl ibra ry

    (a) When the parties are in the process of settlement, in which case
    the proceedings may be suspended and the case archived for a
    period not exceeding ninety [90] days. The case shall be
    included in the trial calendar on the day immediately following
    the lapse of the suspension period.

    (b) Where an injunction or restraining order is issued by a higher


    court directing the suspension of the proceedings in the trial
    court.
    (c) The Presiding Judge shall motu proprio or upon motion of any
    party, order the reinstatement/revival of an archived case and
    its withdrawal from the archives whenever the same is ready for
    trial or further proceedings.

    (d) The Branch Clerk of Court shall submit to the Office of the Court
    Administrator a consolidated list of archived cases not later than
    the first week of January of every year.cralaw

    Strict compliance with this Administrative Circular is hereby enjoined.

    October 12, 1992.

    You might also like