Professional Documents
Culture Documents
You file your complaint, then the defendant files a motion to dismiss, do you need a
service of summons?
o It depends, on the ground of the motion to dismiss. The filing of a motion to
dismiss might mean that the movant submitted his self to the jurisdiction of the
court.
o When a defendant has moved for affirmative relief, the defendant has submitted
himself to the jurisdiction of the court.
o Accion quasi-in rem- binding on the whole world but specifically targeting the rights
of the defendant
o Why do we have these distinctions(accion)? To know how you can serve the
summons
Alias summons- Secondary summons issued for failure of the server to serve such
summons. You have it when the sheriff fails to serve the summons against 1 or all the
defendants or such summons are lost.
Rule 16 ( MTD)
If together with your challenge on the lack of jurisdiction over your person you include
other ground, will you have submitted yourself?
Rule 17 (Dismissal of Action)
Dismissal upon motion by the plaintiff or by the act of the plaintiff.