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    Motion To Declare Defendant in Default

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    TauMu Academic
    LeBron James filed a civil case against Kobe Bryant for damages. Kobe Bryant was served with the summons and complaint on February 2, 2020 but failed to file an answer within the required period. LeBron James' lawyer filed a motion to have Kobe Bryant declared in default. The motion requests that the court declare Kobe Bryant in default for failing to respond and proceed to render judgment based on what is warranted by the complaint. A hearing on the motion is scheduled for March 25, 2020.

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    Motion To Declare Defendant in Default

    Uploaded by

    TauMu Academic
    2K views3 pages
    LeBron James filed a civil case against Kobe Bryant for damages. Kobe Bryant was served with the summons and complaint on February 2, 2020 but failed to file an answer within the required period. LeBron James' lawyer filed a motion to have Kobe Bryant declared in default. The motion requests that the court declare Kobe Bryant in default for failing to respond and proceed to render judgment based on what is warranted by the complaint. A hearing on the motion is scheduled for March 25, 2020.

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    Sample Motion to Declare Defendant in Default for Legal Forms Philippines

    Original Title

    Motion to Declare Defendant in Default

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    LeBron James filed a civil case against Kobe Bryant for damages. Kobe Bryant was served with the summons and complaint on February 2, 2020 but failed to file an answer within the required period. LeBron James' lawyer filed a motion to have Kobe Bryant declared in default. The motion requests that the court declare Kobe Bryant in default for failing to respond and proceed to render judgment based on what is warranted by the complaint. A hearing on the motion is scheduled for March 25, 2020.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views3 pages

    Motion To Declare Defendant in Default

    Uploaded by

    TauMu Academic
    LeBron James filed a civil case against Kobe Bryant for damages. Kobe Bryant was served with the summons and complaint on February 2, 2020 but failed to file an answer within the required period. LeBron James' lawyer filed a motion to have Kobe Bryant declared in default. The motion requests that the court declare Kobe Bryant in default for failing to respond and proceed to render judgment based on what is warranted by the complaint. A hearing on the motion is scheduled for March 25, 2020.

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    © All Rights Reserved
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    of 3

    Republic of the Philippines

    REGIONAL TRIAL COURT


    11th JUDICIAL REGION
    Branch 15
    Davao City

    LeBRON R. JAMES,
    Plaintiff,

    - versus - Civil Case No. R-DVO-34443-4


    For: Damages

    KOBE B. BRYANT
    Defendants.
    x---------------------------x

    MOTION TO DECLARE DEFENDANT IN DEFAULT

    Plaintiff, by counsel, and unto this Honorable Court respectfully avers:

    1. The records of the Honorable Court show that Defendant was served with copy
    of the summons and of the complaint, together with annexes thereto on February 2,
    2020;

    2. Upon verification however, the records show that Defendant has failed to file
    his Answer within the reglementary period specified by the Rules of Court despite
    the service of the summons and the complaint;

    3. As such, it is respectfully prayed that Defendant herein be declared in default


    pursuant to Section 3, Rule 9 of the Rules of Court which states that:

    Section 3. Default; declaration of. — If the defending party fails to


    answer within the time allowed therefor, the court shall, upon
    motion of the claiming party with notice to the defending party, and
    proof of such failure, declare the defending party in default.
    Thereupon, the court shall proceed to render judgment granting the
    claimant such relief as his pleading may warrant, unless the court
    in its discretion requires the claimant to submit evidence. Such
    reception of evidence may be delegated to the clerk of court.

    4. That the Honorable Court proceed to render judgment as the complaint


    may warrant.
    PRAYER

    WHEREFORE, it is respectfully prayed that Defendant herein be declared in


    default pursuant to the Rules of Court and that the Honorable Court proceed to
    render judgment as the complaint may warrant.

    Other reliefs, just and equitable, under the given circumstances are likewise
    prayed for.

    Davao City, Philippines, March 13, 2020.

    ATTY. ERICK JAY N. INOK


    Counsel for the Plaintiff
    Notary Public / Roll of Attorneys No. 420696
    Notarial Commission Serial No. 2019-420-2020
    Commission Expires on December 31, 2020
    IBP No. 030524; 01/10/2020; Davao City
    PTR No. 1760152C; 01/04/2020; Davao City
    MCLE Compliance No. VI–0012697 – 09/19/2019
    Tel Nos. (082) 225-2066; (082) 241-2945
    Email Address: [email protected]
    Legal Office, Commission on Audit R.O XI, Davao City
    NOTICE OF HEARING
    Atty. Salvador Pandesal
    The Brach Clerk of Court
    RTC Davao City, Branch 15

    Atty. Leo B. Escalante


    For Defendant Kobe B. Bryant
    13 Digong St, Maa, Davao City

    Greetings:

    Please take notice that the foregoing Motion shall be submitted for the
    consideration and approval of the Honorable Court on March 25, 2020 at 8:30
    AM, with or without appearance of counsel.

    Atty. Erick Jay N. Inok


    Counsel for the Plaintiff
    Copy furnished:

    Atty. Leo B. Escalante Registry Receipt._____________________


    13 Digong St, Maa, Davao City Date._______________________________

    EXPLANATION
    (please disregard if served by personal service)

    Due to lack of available office/messengerial personnel, and time constraints,


    service by registered mail of this motion on the other parties aforementioned were
    resorted to.

    Atty. Erick Jay N. Inok

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