A motion is an application for relief other than by a pleading. An answer is in which a defending party sets forth his defenses. A motion for New Trial includes: 1. Fraud 2. Accident 3. Mistake 4. Excusable negligence 5. Newly discovered evidence which with reasonable diligence have discovered and produced at the trial.
A motion is an application for relief other than by a pleading. An answer is in which a defending party sets forth his defenses. A motion for New Trial includes: 1. Fraud 2. Accident 3. Mistake 4. Excusable negligence 5. Newly discovered evidence which with reasonable diligence have discovered and produced at the trial.
A motion is an application for relief other than by a pleading. An answer is in which a defending party sets forth his defenses. A motion for New Trial includes: 1. Fraud 2. Accident 3. Mistake 4. Excusable negligence 5. Newly discovered evidence which with reasonable diligence have discovered and produced at the trial.
A: A motion is an application for relief other than by
a pleading. (Sec. 1, Rule 15)
Note: A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by the Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers. (Sec. 3, Rule 15, RRC)
Q: What are the parts of a motion: [1] Caption [2] Title of the case [3] Body of the motion
Note: The body of a motion usually has two parts: a. The ground for the motion b. The argument in support of the motion [4] Prayer [5] Place, date and signature [6] Notice of Hearing [7] Proof of Service
Note: Grounds for filing a Motion for New Trial include: 1. Fraud 2. Accident 3. Mistake 4. Excusable negligence 5. Newly discovered evidence which with reasonable diligence have discovered and produced at the trial, which if presented will alter the results.
Q: What are pleadings? A: Pleadings are the written statements of the respective claims and defenses submitted to the court for appropriate judgment. (Sec. 1, Rule 6, RRC)
Q: What is the purpose of a pleading? A: Its purpose is to define the issues and form the foundation of the proof to be submitted at the trial. It narrows the case down to a specific issue or issues which will be submitted to the court for trial and judgment. (Suarez, 2007)
Q: What are the parts of a pleading? A: Cap-Ti-BRA PLUS [1] Caption [2] Title [3] Body [4] Relief [5] Attorney [6] PLUS a. Verification, if required b. Certificate of non-forum shopping, when appropriate c. Notice of hearing, when required d. Proof of service e. Explanation
Q: What is a Prayer? A: This is a part of the pleading which states the relief or reliefs prayed for by the parties.
Note: It is not a part of the cause of action.
Q: What is an answer? A: An answer is a pleading in which a defending party sets forth his defenses. (Sec. 4, Rule 6, RRC)
Q: What does the body of an answer contain? A: The body of an answer usually has three parts 1. The admissions and denials, 2. The special and affirmative defenses, 3. The counterclaim.
Note: The plus in an answer is a statement of copy furnished the adverse party. When an actionable document has to be denied, verification has to be added to the answer. If it includes a permissible counterclaim, a certification of non-forum shopping must also be added.
Note: A complaint affidavit is in the form of an affidavit, narrating the facts and circumstances surrounding the alleged crime, based on the point of view of the complainant. The narration may also include the elements of the crime as applied in the set of facts or circumstances.
International Service For The Acquisition of Agri-Biotech Applications, Inc., Et. Al. v. Greenpeace Southeast Asia (Philippines), Et - Al. (BT Talong Case) - Digest