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    Rule 15

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    dragon knight
    This document summarizes the rules regarding motions in court proceedings. It defines motions and distinguishes between non-litigious and litigious motions. Non-litigious motions do not require a notice of hearing and must be resolved within 5 days. Litigious motions may require an opposition to be filed within 5 days and must be resolved within 15 days. The document provides examples of motions that fall under each category.

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    Rule 15

    Uploaded by

    dragon knight
    23 views12 pages
    This document summarizes the rules regarding motions in court proceedings. It defines motions and distinguishes between non-litigious and litigious motions. Non-litigious motions do not require a notice of hearing and must be resolved within 5 days. Litigious motions may require an opposition to be filed within 5 days and must be resolved within 15 days. The document provides examples of motions that fall under each category.

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    This document summarizes the rules regarding motions in court proceedings. It defines motions and distinguishes between non-litigious and litigious motions. Non-litigious motions do not require a notice of hearing and must be resolved within 5 days. Litigious motions may require an opposition to be filed within 5 days and must be resolved within 15 days. The document provides examples of motions that fall under each category.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    23 views12 pages

    Rule 15

    Uploaded by

    dragon knight
    This document summarizes the rules regarding motions in court proceedings. It defines motions and distinguishes between non-litigious and litigious motions. Non-litigious motions do not require a notice of hearing and must be resolved within 5 days. Litigious motions may require an opposition to be filed within 5 days and must be resolved within 15 days. The document provides examples of motions that fall under each category.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 12

    RULE 17

    DISMISSAL OF
    ACTIONS
    MAY THE PLAINTIFF DISMISS HIS OWN
    COMPLAINT?
    • Yes,
    WHAT ARE THE REQUISITES OF A VALID
    MOTION?
    1. It must be in writing, except if made in open court or in the
    course of a hearing or trial. (Rule 15, Sec. 2)
    2. It must state the relief sought to be obtained and the grounds
    upon which is based, and if required by these Rules or
    necessary to prove facts alleged therein, shall be accompanied
    by supporting affidavits and other papers. Rule 15, Sec. 3)
    WHAT ARE THE REQUISITES OF A VALID
    MOTION?
    1. It must be served by personal service, accredited private
    courier, registered mail, or electronic means so as to ensure its
    receipt by the other party; (Rule 15, Sec. 5[b])
    2. There must be proof of service of the motion (Rule 15, Sec. 7)
    WHAT IS A MOTION?
    • A motion is an application for relief other than by a pleading. (Rule 15, Sec 1)

    • Motions are either non-litigious or


    litigious.
    NON-LITIGIOUS MOTIONS (RULE 15 SEC. 4)

    • These are motions which the court may act upon


    without prejudicing the rights of adverse parties.
    • These motions shall not be set for hearing and shall be
    resolved by the court within five calendar days from
    receipt thereof.
    NON-LITIGIOUS MOTIONS (RULE 15 SEC. 4)

    • The following are non-litigious motions:


    1. Motion for extension to file answer;
    2. Motion for postponement;
    3. Motion for the issuance of a writ of execution;
    4. Motion for the issuance of an alias writ of execution;
    5. Motion for the issuance of an alias summons;
    6. Motion for the issuance of a writ of possession;
    7. Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
    8. Other similar motions.
    LITIGIOUS MOTIONS (RULE 15 SEC. 5)

    • The opposing party shall file his or her opposition to a litigious motion
    within five calendar days from receipt thereof. No other submissions
    shall be considered by the court in the resolution of the motion.
    • A litigious motion shall be resolved by the court within 15 calendar
    days from its receipt of the opposition thereto, or upon expiration of
    the period to file such opposition.
    LITIGIOUS MOTIONS (RULE 15 SEC. 5)

    • The following are litigious motions:


    1. Motion for bill of particulars;
    2. Motion for new trial;
    3. Motion for reconsideration;
    4. Motion for execution pending appeal;
    5. Motion for an order to break-in or for a writ of demolition;
    6. Motion for intervention;
    7. Motion for judgment on the pleadings;
    LITIGIOUS MOTIONS (RULE 15 SEC. 5)

    8. Motion for summary judgment;


    9. Motion to dismiss;
    10. Motion to amend after a responsive pleading has been filed;
    11. Motion to cancel statutory lien;
    12. Motion to declare defendant in default;
    13. Demurrer to evidence; and
    14. Other similar motions.
    DO MOTIONS REQUIRE A NOTICE OF
    HEARING?
    • A non-litigious motion does not require a notice of
    hearing. (Rule15 Sec. 4) These motions shall not be set
    for hearing and shall be resolved by the court within
    five calendar days from receipt thereof.
    DO MOTIONS REQUIRE A NOTICE OF
    HEARING?
    • A notice of hearing on a litigious motion is
    discretionary on the part of the court.

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