-Ingrid Frances C.

Layug

LEGAL FORMS (28-35)

Motion to Declare Defendant in Default
Motion to Lift Order of Default
Motion for Postponement of Hearing
Motion for Bill of Particulars
Motion to Dismiss
Motion to Intervene
Motion for Demurrer to Evidence
Motion on Judgment on the Pleadings
 MOTIONS
Application for relief other than by a pleading

Must be in writing except those made in open court or in the course of the
trial
 CONTENTS
Relief sought to be obtained

Grounds upon which it is based

Supporting affidavits
 PARTS OF A MOTION
Title

Ground for the motion

Argument in support of the motion

Relief sought to be obtained

 MOTION TO DECLARE
DEFENDANT IN DEFAULT
If the defendant fails to file his Answer within the prescribed period of
time, then the plaintiff may file a motion, with due notice to the
defendant, asking the court to declare the defendant in default.

Defaults are not allowed in legal separation, annulment, or declaration of

the nullity of marriage.

In cases falling under the Rules on Summary Procedure, there is no

declaration of default. If the defendant or respondent fails to file his
Answer, then the complainant or petitioner can ask the court to render
judgment.
 MOTION TO LIFT ORDER OF
DEFAULT
Aparty declared in default may at any time after notice
thereof and before judgment file a motion under oath to
set aside the order of default upon proper showing that
his failure to answer was due to fraud, accident, mistake
or excusable negligence and that he has a meritorious
defense. In such case, the order of default may be set
aside on such terms and conditions as the judge may
impose in the interest of justice. (3a, R18)
 MOTION FOR POSTPONEMENT
OF HEARING
This is a request by one or both parties in a legal dispute to the Court to
extend or reschedule ahearingor trial date to a specified new date. If
you have good cause to delay ahearingor trial, you must file
aMotionfor postponement of hearing with the Court.
For a motion to postpone trial on the ground of illness by a party or
counsel, the following must appear in the affidavit or sworn certification

1.) the appearance of counsel or party is indispensable; and

2.) the illness is such as to render his non-attendance excusable
 MOTION FOR BILL OF
PARTICULARS
The accused may, before arraignment, move for a bill of particulars to
enable him properly to plead and prepare for trial. The motion shall
specify the alleged defects of the complaint or information and the details
desired.

Shall be filed before responding to a pleading

the motion shall point out:

1.) the defects complained of;
2.) the paragraphs where they are contained;
3.) the details desired
 MOTION TO DISMISS
Formal request for a court todismissa case. Reasons for dismissalvary.
Examples include a settlement between the parties, voluntary withdrawal
of the complaint, and procedural defects such as a lack of jurisdiction or a
failure to state a claim.

A document filed with the court asking thejudgeto throw out certain
claims in a civil or criminal case, or to throw out the case altogether

often filed by adefendantimmediately after the lawsuit has been served,

but may be filed at any time during the proceedings.
 GROUNDS FOR FILING A MOTION TO DISMISS
Court has no jurisdiction over the person of the defending party;
Court has no jurisdiction over the subject matter of the claim;
Venue is improperly laid;
Plaintiff has no legal capacity to sue;
There is another action pending between the same parties over the same
cause;
Cause of action is barred by prior judgment or by the statute of
limitations
Pleading asserting the claim states no cause of action;
 Claim or demand set forth in the plaintiffs pleading has been paid,
waived, abandoned, or otherwise extinguished;
Claim on which the action is founded is unenforceable under the
provisions of the statute of frauds; and
That a condition precedent for filing the claim has not been complied with
 MOTION TO INTERVENE
Any person having an interest in the subject matter of any hearing or
investigation pending before the Commission may become a party
thereto by filing a verified petition with the Commission giving the docket
number and title of the proceeding and stating:

(1) the petitioners name and address;

(2) the nature of petitioners interest in the subject matter of the
proceeding, and the way and manner in which such interest is affected by
the issues involved in the proceeding; and
(3) a statement of the relief desired.
 REQUISITES FOR INTERVENTION
OF A NON-PARTY
Legal interest in the matter in controversy; or
Legal interest in the success of either of the parties; or
Legal interest against both;
So situated to be adversely affected by a distribution or other disposition
of property in the custody of the court or officer thereof;
Intervention will not unduly delay or prejudice the adjudication of the
rights of the original parties; and
Intervenors rights may not be fully protected in a separate proceeding
 MOTION FOR DEMURRER TO
EVIDENCE
After the prosecution rests its case, the court may dismiss the
action on the ground of insufficiency of evidence (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 motion for leave of court to file demurrer to evidence shall
specifically state its grounds and shall be filed within a non-
extendible period of five (5) days after the prosecution rests its
case. The prosecution may oppose the motion within a non-
extendible period of five (5) days from its receipt.

If leave of court is granted, the accused shall file the demurrer to evidence
within a non-extendible period of ten (10) days from notice. The
prosecution may oppose the demurrer to evidence within a similar
period from its receipt.

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.
 JUDGMENT ON DEMURER TO
EVIDENCE IS PROPER WHEN:
Plaintiff has shown no right to relief;
Plaintiff failed to make out the material elements of his allegation; or
There are no evidence to support the allegation
 MOTION FOR JUDGMENT OF
PLEADINGS
a partys request to the court to rule in his/her favor based on the
pleadings on file, without accepting evidence, as when the outcome of
the case rests on the court's interpretation of the law.

A function of a motion for judgment on the pleadings is to dispose of

baseless claims or defenses when the formal pleadings reveal their lack
of merit. A motion for judgment on the pleadings is the proper procedure
when all of the material allegations of fact are admitted in the pleadings
and only questions of law remain. When the pleadings do not resolve all
factual issues, judgment on the pleadings is generally inappropriate.
 JUDGMENT ON THE PLEADINGS
IS PROPER WHEN:
The Answer fails to tender an issue; or
Otherwise admits the material allegations of the adverse partys
pleadings
 -Ingrid Frances C. Layug

LEGAL FORMS (28-35)

Motion to Declare Defendant in Default
Motion to Lift Order of Default
Motion for Postponement of Hearing
Motion for Bill of Particulars
Motion to Dismiss
Motion to Intervene
Motion for Demurrer to Evidence
Motion on Judgment on the Pleadings