detailed civil procedure
TRANSCRIPT
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8/6/2019 Detailed Civil Procedure
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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
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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