CIVPRO; AMENDMENT; AS A MATTER OF RIGHT A party may amend his pleading ONCE as a MATTER OF RIGHT at any time BEFORE

a responsive pleading is served or, in case of a reply, at any time within 10 days after it is served. CIVPRO; AMENDMENT; WITH LEAVE OF COURT Except when amendment is made as a MATTER OF RIGHT, SUBSTANTIAL amendments may be made only upon LEAVE OF COURT. But such leave may be refused if it appears to the court that the motion was made with INTENT TO DELAY. It shall be made upon MOTION filed in court, and after NOTICE to the adverse party, and an OPPORTUNITY to be heard.

CRIMPRO; AMENDMENT A complaint or information may be amended, in FORM or in SUBSTANCE, WITHOUT LEAVE OF COURT, at any time BEFORE the accused ENTERS HIS PLEA. However, ANY amendment BEFORE plea, which DOWNGRADES the nature of the offense charged OR EXCLUDES any accused from the complaint or information Can ONLY be made upon MOTION by the prosecutor, with NOTICE to the offended party and WITH LEAVE OF COURT. AFTER plea and DURING trial, a FORMAL amendment may only be made WITH LEAVE OF COURT and when it can be done WITHOUT CAUSING PREJUDICE to the rights of the accused.

CIVPRO; MOTION TO DISMISS; GROUNDS a) That the court has no jurisdiction over the person of the defending party; b) That the court has no jurisdiction over the subject matter of the claim; c) That the venue is improperly laid; d) That the plaintiff has no legal capacity to sue; e) That there is another action pending between the same parties for the same cause; f) That the cause of action is barred by a prior judgment or by the statute of limitations; g) That the pleading asserting a claim states no cause of action; h) That the claim or demand set forth in the plaintiffs pleading has been paid, waived, abandoned, or otherwise extinguished; i) That the claim on which the action is founded is unenforceable under the provisions of the Statute of Frauds; j) That the condition precedent for filing the claim has not been complied with.

CRIMPRO; MOTION TO QUASH;

GROUNDS a) That the facts charged do not constitute an offense; b) That the court trying the case has no jurisdiction over the offense charged; c) That the court trying the case has no jurisdiction over the person of the accused; d) That the officer who filed the information had no authority to do so; e) That it does not conform substantially to the prescribed form; f) That more than one offense is charged except when a single punishment to various offenses is prescribed by law; g) That the criminal action or liability has been extinguished; h) That it contains averments which, if true, would constitute a legal excuse or justification; i) That the accused has been previously convicted or acquitted of the offense charged, or the case against him was dismissed or otherwise terminated without his express consent.
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CIVPRO; DEMURRER TO EVIDENCE After the PLAINTIFF has COMPLETED the presentation of his evidence, the defendant may move for the dismissal on the ground that UPON THE FACTS AND THE LAW THE PLAINTIFF HAS SHOWN NO RIGHT TO RELIEF. If the motion is DENIED, he shall have the right to present evidence. If the motion is GRANTED but on APPEAL the order of dismissal is REVERSED, he shall be deemed to have WAIVED the right to present evidence. CRIMPRO; DEMURRER TO EVIDENCE After the PROSECUTION RESTS ITS CASE, the court may dismiss the action on the ground of INSUFFICIENCY OF EVIDENCE,
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(1) On its OWN INITIATIVE after giving the prosecution the opportunity to be heard OR (2) Upon demurrer to evidence filed by the accused WITH or WITHOUT LEAVE OF COURT. If the court DENIES the demurrer to evidence filed WITH leave of court, the accused may adduce evidence in his defense. When the demurrer to evidence is filed WITHOUT leave of court, the accused WAIVES the right to present evidence and submits the case for judgment on the basis of the evidence for the prosecution. The order DENYING the motion for leave of court to file demurrer to evidence or the demurrer itself SHALL NOT be reviewable by APPEAL or by CERTIORARI before judgment.

CIVPRO; NEW TRIAL; GROUNDS A new trial may be granted for one or more of the following causes materially affecting the substantial rights of said party: (a) FRAUD, ACCIDENT, MISTAKE OR EXCUSABLE NEGLIGENCE which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired; or (b) NEWLY DISCOVERED EVIDENCE, which he could not, with reasonable diligence, have discovered and produced at the trial, and which if presented would probably alter the result.

CRIMPRO; NEW TRIAL; GROUNDS The court shall grant a new trial on any of the following grounds: (a) That ERRORS OF LAW or IRREGULARITIES prejudicial to the substantial rights of the accused have been committed during the trial; or (b) That NEW and MATERIAL EVIDENCE has been discovered which the accused could not with reasonable diligence have discovered and produced at the trial and which if introduced and admitted would probably change the judgment.

CIVPRO; RECONSIDERATION; GROUNDS The following are the grounds for a motion for reconsideration: (a) Damages awarded are EXCESSIVE; (b) The evidence is INSUFFICIENT to justify the decision or the final order; or (c) The decision or final CONTRARY TO LAW. order is

CRIMPRO; RECONSIDERATION; GROUND The court shall grant reconsideration on the ground of: (a) ERRORS OF LAW or FACT in the judgment, which requires no further proceedings.

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