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  • 8/6/2019 Detailed Civil Procedure

    1/2

    CAUSE OF ACTION (Rule2) = is there a need to

    file Barangay?

    Yes = RA 176

    agreement. Ileads to the f

    No = Compla

    COMPLAINT

    Docket fees

    Verification

    Certificate against non-f

    Provisional remedies

    Raffle of cases

    Venue (Rule 4)

    Jurisdiction

    Parties (Rule 3)

    SUMMONS (Rule 14)

    IfNOT SERVED = archived; su

    IfSERVED

    Defendant may file:

    Motion for Time

    Bill of Particulars

    Motion to Dismiss

    Modes of Discovery

    Motion for Reconsideratio

    Motion to Lift

    Motion for Summary Judg

    Plaintiff may file:

    Notice of Dismissal

    Motion to Withdraw

    Amendment /Supplementa

    Motion to Declare Defenda

    Motion to Archive

    ANSWER

    Defendant files an ANSWER

    Counterclaim (permissive/

    Crossclaim

    Intervention

    Defenses (affirmative/nega

    When to file responsive ple

    Amended and supplement

    Opposition to various moti

    Amended or supplementar

    Discovery procedures

    Plaintiff files an ANSWER

    Motion for Judgment on th

    Amended and Supplement

    Motion to Expunge

    Answer to Counterclaim

    Motion for Summary Judg

    Modes of Discovery

    Motion to Dismiss (Rule 16

    Reply

    Motion to Set Case for Pre-

    PRE-TRIAL (Rule 18)

    REACHED= a compromise agr

    NOT REACHED = mediation c

    Mediation Conference

    Pre-marking of Exhibits

    Preliminary Conference

    Pre-trial Brief

    Pre-trial Order

    Discovery Procedure (Rule 23

    Judicial Dispute Resolution (J

    0, applies. If settlement is reached, there must be

    no settlement is reached, Certificate to File Actioiling of a Complaint.

    int is filed directly.

    orum shopping

    mmons by publications

    ent

    l Complaint

    nt in Default

    ompulsory)

    tive)

    adings

    ary answer

    ons

    y pleading (Rule 10)

    e Pleadings

    al Complaint

    ents

    )

    Trial

    reement shall be signed and submitted to the court by the parties

    onference is terminated and case will be referred back to the court for continuation of proceedings

    -29)

    DR)

    compromise

    (CFA) is issued. Which

  • 8/6/2019 Detailed Civil Procedure

    2/2

    TRIAL (Rule 30)

    Order of Trial (130

    Order of Examinatio

    Trial by Commission

    Consolidation or Se

    Subpoena (Rule 21)

    PlaintiffsEvidence-in-Chief

    Documentary

    Testimonial

    EXHIBITS

    Formal Offer ofchief

    Objections or OOrder of Admiss

    PLAINTIFF RESTSHIS CASE

    After PLAINTIFF rests his case,

    Defendant presents his evid

    Defendant files a DEMURRE

    If GRANTED = case is dismiss

    If DENIED = defendant prese

    If GRANTED but ON APPEAL

    If PLAINTIFF files his objection

    COURT issues an order admitti

    DEFENDANT rests his case

    3rd/4th (etc)Plaintiff andDefendant

    presents evidence

    Same order of presentation of witn

    Same rules with the plaintiff and d

    3rd

    /4th

    (etc) Plaintiff/Defendant rest Plaintiff presents rebuttal evidence

    Same rules on the presentation of

    Same rules on formal offer and ad

    Defendant presents sur-rebuttal sa

    3rd/4th (etc) party Defendant and Pla

    Court may direct the parties to file t

    JUDGMENT (Rule36)

    Contents of judg

    Entry of judgme

    POST JUDGMENTREMEDY

    Before Finality

    Motion for Reconsideration (Rule 3

    Motion for New Trial (Rule 37)

    Appeal (Rule 40-45) After Finality

    Petition for Relief (Rule 63)

    Annulment of Judgment (Rule 47)

    Petition for Certiorari (Rule 45 or Rul

    EXECUTION

    Writ of Executio

    Satisfaction of Ju

    nd 132)

    n of Witness

    er (Rule 32)

    erance (Rule 31)

    xhibits = after the plaintiff is finished presenting h

    positions = to formal offer of exhibits by defenda

    ion = of exhibits is issued by the court

    Defendant has 2 options

    ence-in-chief: wherein Defendant files his offer of exhibits

    R TO EVIDENCE (Rule 33)

    d

    nts evidence

    order of dismissal is reversed, defendant is deemed to have waived his right to present

    or opposition to the formal offer of e xhibits

    ing the exhibits

    ess

    fendant

    s his case

    witness

    ission of exhibits

    me rules apply

    intiffpresents rebuttal and sur-rebuttal evidence

    heir respective memorandum

    ment

    t

    7)

    e 65)

    dgment

    is evidence-in-

    t

    evidence