Civil Procedure

Civil procedure proper Special civil action Civil remedies complaint

coverage

Pleading petition is a legal form to file the initiate civil action Filing of Complaint plaintiff defendant NB. It is the filing of a complaint that gives rise procedural rules and triggers their application. Petition is the one to be filed in cases of special proceeding and special civil action Cause of Action is a violation of a right of another. Right of action is the right to file suit against the defendant. Initiatory pleading file to a court of original and exclusive jurisdiction of action Contents of Complaint 1. caption 2. name of plaintiff 3. civil case no. (below is the cause of action) 4. name of defendant 5. complaint (title) 6. ultimate facts it is the basis for cause of action during the trial It must not be opinionated and no conclusions of law are allowed. 1. name 2. residence 3. status 4. how right is violated 5. relief or prayer the court may grant a relief not prayed for as long as the relief is warranted by the allegations of the complaint and the proof Parties

Body of a complaint

6. where to file 7. case date 8. name of counsel name, address, IBP #, MCLE NB. Pleadings is necessary in order to confirm jurisdiction on court, that the subject matter be presented for its consideration in mode sanctioned by law and this is done by filing. Verification in a Pleading Gen. Rule: Pleading need not be verified. Exception: When verification is required by law or by a rule. Examples: all initiatory pleading Q: How? A: A pleading is verified by an affidavit. The affidavit declares that: (a) affiant read the pleading; (b) the allegations therein aretruwe and correct, of his personal knowledge and based on authentic evidence. Q: What is the effect if not verified? A: the non-verification of a pleading will be a ground for dismissal without prejudice. An absence of proper verification is cause to treat the pleading unsigned and dismissible. Certificate on non-forum shopping is a sworn statement certifying to the following matter: (a) that the party has not commenced or filed any claim involving the same issues in any court, tribunal, or quasi-judicial agency, and to the best of his knowledge no such other action or claim is pending. (b) that if there is such other pending action or claim, a complete statement of a status thereof; and (c) that if he should therefore learn that the same or similar action or claim has been filed or is pending, he shall report that fact within 5 days therefrom to the court wherein his complaint or initiatory pleading has been filed. NB. If all parties involved are present, all must sign. It is mandatory, but not jurisdictional Non- forum shopping as a result of an adverse