Professional Documents
Culture Documents
Rule 16
1. Lack of jurisdiction over defendant
2. Lack of jurisdiction over subject matter
GRANTED
Plaintiff may refile ( if without prejudice ),
appeal, certiorari
DENIED
Defendant may file answer, certiorari
3. Improper venue
4. Lack of capacity to sue
5. Litis pendentia
6. Res judicata ( with prejudice)
7. Prescription
8. Failure to state cause of action
9. Extinguished claim ( with prejudice)
10. Unenforceable claim under the Statute of Frauds
( with prejudice )
11. Non compliance with a condition precedent for filing
Complaint
Rule 6, Section 3
Ultimate Facts, Cause of Action
Personal
Substituted
Publication (if whereabouts unknown/
temporarily outside the country)
2. Non - Resident
Personal ( within state)
>r
Service of Summons and Sheriff 's Return
claim
DISMISSAL OF ACTIONS
Rule 17
BY PLAINTIFF
1. Upon Notice (anytime before answer/motion for SJ
; dismissal is without prejudice)
2. Upon Motion ( with leave of court)
3. Due to the fault of Plaintiff - P fails to appear during
presentation of evidence - with prejudice)
COUNTERCLAIM
Voluntary dismissal by claimant
Answer
DIFFERENT ENTITIES
WITHOUT
REPLY (OPTIONAL
ACCELERATED JUDGMENTS
1. Demurrer to Evidence
Granted: Adjudication on the merits
Denied: Defendant may present evidence
*if granted, plaintiff appealed, order reversed,
defendant deemed to have waived right to
present evidence, if order is sustained,
plaintiff can go to court an assign it as
error
2. Judgment on the Pleadings
Answer fails to tender an issue or admits the
material allegations
Based soley on the pleadings
on the merits
3. Summary Judgments
No genuine issue except as to amount of
damages
Based on pleadings,admissions, affidavits
interlocutory/on the merits
Insufficient Evidence,
Decision Contrary to Law
2. Motion for New Trial
Grounds: Fraud, Accident,
Mistake, Excusable Negligence,
Newly Discovered Evidence
3. APPEAL
AFTER FINALITY OF JUDGMENT
4. Relief from Judgment
Grounds: FAME
Availed after final and executory
PRE-TRIAL
Rule 18 Sec 2
Amicable Settlement
Simplication of issues,
Marking of Evidence,
Limiting Witnesse/Facts etc
Accelerated Judgments
MODES OF DISCOVERY
1. Depositions Pending Action
2. Depositions Before Action/ Pending Appeal
3. Interrogatories to Parties
4. Admissions by Adverse Party
5. Production/ Inspection of Documents and Things
6. Physical and Mental Examination of Persons
Judgment by Default
on the merits; no answer file
TRIAL
JUDGMENTS
APPEAL
Statutory Right
Modes:
1. Ordinary Appeal (Rule 40 41)
Notice of Appeal 15 days
Record on Appeal - 30 days
EXECUTION
Rule 39
no appeal has
been perfected
Plaintiff
Dismissal of action with prejudice
Defendant