SYLLABUS 1 Integrated Bar, and legal assistance to the underprivileged.

Such rules shall provide a simplified and inexpensive

What is Remedial Law? procedure for the speedy disposition of cases, shall be
 Provides the means and methods whereby causes of action uniform for all courts of the same grade, and shall not
may be effectuated, wrongs redressed, and relief obtained. diminish, increase, or modify substantive rights. Rules of
Distinguish Substantive Law and Remedial law. procedure of special courts and quasi-judicial bodies shall
Substantive Law- Creates, defines, and regulates rights and duties remain effective unless disapproved by the Supreme Court.
concerning life, liberty, or property.
 Example: Constitution, Article III Bill of Rights, Family Code LIMITATIONS TO THE RULE-MAKING POWER OF THE SC
 Criminal Procedure 1. The Rules of Court shall provide a simplified and inexpensive
Remedial Law- Prescribes the methods of enforcing those rights and procedure for the speedy disposition of cases;
obligations created by substantive law. 2. The Rules of Court shall be uniform for all courts of the same
 Example: Rules of Court, NLRC grade; and
 Civil Procedure 3. The Rules of Court shall not diminish, modify, or increase
ASPECTS OF REMEDIAL LAW Q: Give the two (2) aspects of Remedial substantive rights.
Law
A: There are 2 aspects of Remedial Law: HIERARCHY OF THE COURTS (Principle of Judicial Hierarchy)
1.) PUBLIC ASPECT – one which affords a remedy in favor of the  Under the doctrine of hierarchy of courts, where courts
State against the individual (e.g. criminal procedure) or in favor have concurrent jurisdiction over the subject matter, such
ofthe individual against the State (e.g.habeas corpus) on the other concurrence of jurisdiction does not grant the party seeking
hand, relief the absolute freedom to file the case in court of his
2.) PRIVATE ASPECT – one which affords a remedy in favor of an choice. Pursuant to the doctrine, the case must be filed first
individual against another individual, like the rules on civil to the lowest court possible having appropriate jurisdiction.
procedure. (Gamboa’s Introduction toPhilippine Law, 6th Ed., pp. Except if one can advance a special reason which would
97-99) allow a party a direct resort to a higher court.
Exceptions
RULE-MAKING POWER OF THE SUPREME COURT  When the issues involved are of transcendental importance
The Rules of Court (1940, 1964, 1997) have all been enacted by the  Availing of the remedies of certiorari and prohibition to
SC. It is law, not enacted by Congress but enacted by the SC. assail the constitutionality of actions of both legislative and
Article VIII, Section 5 (5) executive branches of the government.
 The Supreme Court shall have the power to promulgate Doctrine of Non-Interference (Doctrine of Judicial Stability)
rules concerning the protection and enforcement of  It is an elementary principle in the administration of justice:
constitutional rights, pleading, practice, and procedure in no court can interfere by injunction with the judgments or
all courts, the admission to the practice of law, the
 orders of another court of concurrent jurisdiction having the Appellate jurisdiction is the power vested in a superior
power to grant the relief sought by the injunction. court to review and revise the judicial action of a lower
Thus, RTC has no power or authority to nullify or enjoin the court. Certiorari- a writ where higher court reviews some
enforcement of a writ of possession issued by another RTC (Suico lower courts decision
Industrial Corporation vs. CA, 301 SCRA 212, 213).
2. EXCLUSIVE JURISDICTION VS. CONCURRENT JURISDICTION
Doctrine of Adherence to Jurisdiction / Continuity of jurisdiction Exclusive Jurisdiction – means no other courts or tribunal
 It means that one’s jurisdiction has attached, it cannot be has the same jurisdiction over a particular case.
ousted by subsequent happenings or events, although of a Concurrent Jurisdiction- A court with concurrent
character which would have prevented jurisdiction from jurisdiction shares the authority to hear and decide a case
attaching in the first instance. The court, once jurisdiction with other courts. This means that multiple courts have the
has been acquired, retains that jurisdiction until it finally power to hear and decide the same case, and the parties
disposes of the case. can choose which court to bring the case to.
 As a consequence of this principle, jurisdiction is not
affected by a new law placing a proceeding under the 3. GENERAL JURISDICTION VS. SPECIAL JURISDICTION
jurisdiction of another tribunal except when otherwise General Jurisdiction – means the power of the court or tribunal
provided in the statute or if the statute is clearly intended to hear, try and decide all kinds of cases except those prohibited
to apply to actions pending even before its enactment by law; Only the RTC
(People vs. Cawaling, 293 SCRA 267) Special or limited Jurisdiction- means the power of the court to
hear, try and decide certain type of cases. The power of the
JURISDICTION inferior courts to hear and decide petitions for writ of habeas
 Jurisdiction refers to the authority of a court or government corpus or applications for bail in the absence of all RTC judges in
to make legal decisions and enforce laws within a certain the province or city.
geographic area or over certain types of legal cases. This can
include both criminal and civil matters, and can be based on Aspect of Jurisdiction
geographic boundaries, subject matter, or the type of court. Jurisdiction Over the subject matter
 Jurisdiction is an important concept in law, as it determines  Referred to as the power of a particular court to
which court or government has the power to hear, try, and hear the type of case that is then before it. It also
decide a particular case refers to the jurisdiction of the court over the class
of cases to which a particular case belongs. The
1. ORIGINAL JURISDICTION VS. APPELATE JURISDICTION prevailing rule is that jurisdiction over the subject
Original jurisdiction refers to the authority of a court to matter may be raised at any stage of the
hear and decide a case for the first time. Where a case is proceedings even for the first time on appeal.
filed first Jurisdiction over the parties
  The legal power of the court to render a judgment trial. It touches more on the convenience of the
against a party to an action or proceeding parties rather than the substance of the case. It is
 Plaintiff – the party who initiates the action by filing procedural and not substantive.
the complaint or any initiatory pleading Jurisdiction vs. Venue Jurisdiction
 Jurisdiction over the person of the plaintiff is Jurisdiction is the power of the court to decide the case on the
acquired by the court by his filing of the complaint merits. Provisions on jurisdiction establish a relation between the
or petition. By doing so, he submits himself to the court and the subject matter.
jurisdiction of the court. Venue is the locality or place where the suit may be had. It relates
 Defendant – the party against whom an action is to jurisdiction over the person rather than subject matter.
brought Provisions relating to venue establish a relation between plaintiff
 Jurisdiction over the person of the defendant is and defendant.
acquired by his voluntary appearance or by service A court cannot motu proprio dismiss a complaint on the ground of
of summons. improper venue since improper venue may be waived for failure to
Jurisdiction over the issues of the case object to it.
 The power of the court to try and decide the issues Jurisdiction VS Venue - Jurisdiction is a matter of substantive law,
raised in the pleadings of the parties while venue is a matter of procedural law.
 Issue – a disputed point or question to which parties
to an action have narrowed down their several Stipulation in Venue- Written stipulations as to venue may be
allegations and upon which they are desirous of restrictive in the sense that the suit may be filed only in the place
obtaining a decision agreed upon, or merely permissive in that the parties may file their
Jurisdiction over the res or the thing suit not only in the place agreed upon but also in the places fixed by
 Res – a “thing”, an “object”. law.
 Jurisdiction over the res refers to the court’s The parties may stipulate on the venue as long as the agreement is
jurisdiction over the thing or property which is the  In writing
subject of the action.  Made before the filing of the action
 Exclusive ( qualifying or restrictive) as to the venue
4. Totality rule
 Where the claims in all the causes of action are SYLLABUS 2
principally for recovery of money, the aggregate
amount claimed shall be the test of jurisdiction (Sec. Civil Actions
5, Rule 2, Rules on Civil Procedure). (a) A civil action is one by which a party sues another for the
Venue enforcement or protection of a right, or the prevention or redress of
 Venue is the place where the action is triable, a wrong.
whether real or personal. It relates to the place of
A civil action may either be ordinary or special. Both are governed irrespective of whether the motion for its admission, if
by the rules for ordinary civil actions, subject to the specific rules necessary, is denied by the court.
prescribed for a special civil action. Real actions shall be tried in the local court where the
real property involved, or a portion thereof, is situated.
ORDINARY CIVIL ACTIONS and SPECIAL CIVIL ACTIONS On the other hand, personal actions involving
It is one by which a party sues another for the enforcement or Philippine-resident defendants shall be tried in the local
protection of a right. (Sec. 3(a), Rule 1) if it is governed by the rules court where any of the complainant or defendant
on ordinary civil action, then is it ordinary civil action. If there is resides, at the option of the complainant.
special rules for a particular action, then it is special civil action. IV. As to OBJECT
[1] An action in rem is one instituted and enforced against
CLASSIFICATION OF CIVIL ACTION the whole world.
I. As to NATURE (Section 3 [a]) [2] An action in personam is one filed against a definite
 Section 1. Ordinary civil actions, basis of - Every ordinary defendant. It is intended to subject the interest of
civil action must be based on a cause of action. (1) if it is defendant on a property to an obligation or lien.
governed by the rules on ordinary civil action, then is it [3] An action quasi in rem, also brought against the whole
ordinary civil action. If there is special rules for a world, is one brought against persons seeking to subject
particular action, then it is special civil action. the property of such persons to the discharge of the claims
assailed.
II. As to CAUSE or FOUNDATION:
 Section 1. Ordinary civil actions, basis of - Every ELEMENTS OF A CAUSE OF ACTION (ROViD)
ordinary civil action must be based on a cause of action. • Right pertaining to plaintiff
(1) • Correlative Obligation of the defendant
• Violation of plaintiff’s right
 Section 2. Cause of action, defined. - A cause of action is • Damage suffered by plaintiff
the act or omission by which a party violates a right of
another. (2) Section 2. Cause of action, defined. - A cause of action is the act or
omission by which a party violates a right of another. (2)
III. As to PLACE OF FILING
Sec 5 Commencement of action. A civil action is Cause of action is a delict or wrong committed by the defendant
commenced by the filing of the original complaint in — Cause of action is created by substantive law
court If an additional defendant is impleaded in a later — Cause of action may not be affected by estoppel, or statute
pleading, the action is commenced with regard to him of limitation
on the date of the filing of such later pleading, Right of Action
  Right of action refers to the right of the plaintiff to institute II. REPRESENTATIVE PARTY
the action Right of action is regulated by procedural law RULES ON CIVIL PROCEDURE WITH THE 2019 AMENDMENTS
 Right of action may be taken away by stature of limitation Sec. 3. Representatives as parties. - Where the action is allowed to
and estoppel be prosecuted or defended by a representative or someone acting
in a fiduciary capacity, the beneficiary shall be included in the title of
SPLITTING A CAUSE OF ACTION the case and shall be deemed to be the real party in interest. A
Sec. 3. One suit for a single cause of action. - A party may not representative may be a trustee of an express trust, a guardian, an
institute more than one suit for a single cause of action. executor or administrator, or a party authorized by law or these
Rules. An agent acting in his own name and for the benefit of an
JOINDER OF CAUSES OF ACTION undisclosed principal may sue or be sued without joining the
SEC. 5. Joinder of causes of action. - A party may in one pleading principal except when the contract involves things belonging to the
assert, in the alternative or otherwise, as many causes of action as principal
he may have against an opposing party.
Joinder of causes of action An indispensable party is a real party in interest without whom no
-It is the assertion in one pleading, in alternative or otherwise, as final determination can be had of an action. (Sec. 7) Without the
many causes of action as he may have against an opposing party. presence of this party, the judgment cannot attain real finality
(Sec. 5, Rule 2)
Sec. 8. Necessary party. A necessary party is one who is not
PARTIES TO CIVIL ACTIONS indispensable but who ought to be joined as a party if complete
Sec. 1. Who may be parties; plaintiff and defendant. - Only natural relief is to be accorded as to those already parties, or for a complete
or juridical persons, or entities authorized by law may be parties in a determination or settlement of the claim subject of the action. (8a)
civil action. The term "plaintiff" may refer to the original claiming
party, the counter- claimant, the cross-claimant, or the third (fourth, RULE 3, SEC. 13. Alternative defendants. - Where the plaintiff is
etc.)- party plaintiff. The term "defendant" may refer to the original uncertain against who of several persons he is entitled to relief, he
defending party, the defendant in a counterclaim, the cross- may join any or all of them as defendants in the alternative,
defendant, or other third (fourth, etc.)-party defendant. (1a although a right to relief against one may be inconsistent with a
right of relief against the other. (13a)
I. REAL PARTIES IN INTEREST
Sec 2. Parties in interest. - A real party in interest is the party who Class Suit - SEC. 12. Class suit. When the subject matter of the
stands to be benefited or injured by the judgment in the suit, or the controversy is one of common or general interest to many persons
party entitled to the avails of the suit. Unless otherwise authorized so numerous that it is impracticable to join all as parties, a number
by law or these Rules, every action must be prosecuted or defended of them which the court finds to be sufficiently numerous and
in the name of the real party in interest. representative as to fully protect the
interests of all concerned may sue or defend for the benefit of all. SECTION 1. Pleadings Defined. Pleadings are the written statements
Any party in interest shall have the right to intervene to protect his of the respective claims and defenses of the parties submitted to
individual interest. (12a) the court for appropriate judgment

Sec. 16. Death of party; duty of counsel. Whenever a party to a Sec. 2 – Pleadings allowed – The claims of a party are asserted in a
pending action dies, and the claim is not thereby extinguished, it complaint, counterclaim, cross-claim, third (fourth, etc.) – party
shall be the duty of his counsel to inform the court within thirty (30) complaint, or complaint-in- intervention.
days after such death of the fact thereof, and to give the name and The defenses of a party are alleged in the answer to the pleading
address of his legal representative or representatives. Failure of asserting a claim against him.
counsel to comply with this duty shall be a ground for disciplinary An answer may be responded to by a reply only if the defending
action. party attaches an actionable document to an answer.
The heirs of the deceased may be allowed to be substituted for the
deceased, without requiring the appointment of an executor or What is the rule on payment of docket fee?
administrator and the court may appoint a guardian ad litem for the -The rule on the payment of docket is liberal. If the initiatory
minor heirs. pleading is not accompanied by a correct docket fee, the court may
The court shall forthwith order said legal representative or allow payment of the fee within reasonable time, but in no case
representatives to appear and be substituted within a period of beyond the applicable prescriptive period. (The Heirs of Reynoso,
thirty Sr., vs. CA, 654 SCRA 1, 9-10).
(30) days from notice. -It will not lead to automatic dismissal of the complaint (Sy-Vargas
If no legal representative is named by the counsel for the deceased vs. The Estate of Ogsos GR 221062, October 5, 2016).
party, or if the one so named shall fail to appear within the specified
period, the court may order the opposing party, within a specified
time, to procure the appointment of an executor or administrator Sec. 4 – Answer – An answer is a pleading in which a defending
for the estate of the deceased and the latter shall immediately party sets forth his or her defenses. (4a)
appear for and on behalf of the deceased. The court charges in
procuring such appointment, if defrayed by the opposing party, may Sec. 5 – Defenses – Defenses may either be negative or affirmative.
be recovered as costs. (16, 17a) (a) A NEGATIVE DEFENSE – is the specific
Death of Party denial of the material fact or facts alleged in the pleading of the
-What is the duty of the lawyer in case a party dies? claimant essential to his or her cause or causes of action.
-If the party dies and the claim is not extinguished, his duty is to (b) An AFFIRMATIVE DEFENSE – is an allegation of a new matter
inform the court of such fact within 30 days after such death and to which, while hypothetically admitting the material allegations in the
give the name and address of the legal representatives of the pleading of the claimant, would nevertheless prevent or bar
deceased party. recovery by him or her. The affirmative defenses include fraud,
statute of limitations, release, payment, illegality, statute of frauds,
estoppel, former recovery, discharge in bankruptcy, and any other THIRD (FOURTH, ETC.) – PARTY COMPLAINT
matter by way of confession and avoidance. Sec. 11. Third, (fourth, etc.) - party complaint. A third (fourth, etc.)
party complaint is a claim that a defending party may, with leave of
Sec. 6. Counterclaim. - A counterclaim is any claim which a court, file against a person not a party to the action, called the third
defending party may have against an opposing party. (6a) (fourth, etc.) party defendant, for contribution, indemnity,
Compulsory and Permissive Counterclaim compared: subrogation or any other relief, in respect of his or her opponent's
1) A compulsory counterclaim arises out of or is necessarily claim. (12a)
connected with the transaction or occurrence that is the subject The third (fourth, etc.)-party complaint shall be denied admission,
matter of the other party's claim, while a permissive counterclaim is and the court shall require the defendant to institute a separate
not; action, where: (a) the third (fourth, etc.)- party defendant cannot be
2) A compulsory counterclaim does not require for its adjudication located within thirty (30) calendar days from the grant of such
the presence of third parties of whom the court cannot acquire leave; (b) matters extraneous to the issue in the principal case are
jurisdiction while a permissive counterclaim may require such; raised; or (c) the effect would be to introduce a new and separate
3) A compulsory counterclaim is barred it not set up in the action, controversy into the action.
while a permissive counterclaim is not;
4) A compulsory counterclaim need not be answered, no default, Intervention is a legal proceeding by which a person who is not a
while a permissive counterclaim must be answered otherwise the party to the action is permitted by the court to become a party by
defendant can be declared in default. intervening in a pending action after meeting the conditions and
requirements set by the Rules of Court. This third person who
Sec. 8. Cross-claim. A cross- claim is any claim by one party against a intervened is one who is not originally impleaded in the action (First
co-party arising out of the transaction or occurrence that is the Philippine Holdings Corporation v. Sandigan bayan 253 SCRA 30)
subject matter either of the original action or of a counterclaim It is a remedy by which a third party, not originally impleaded in the
therein. Such cross-claim may cover all or part of the original claim. proceedings, becomes a litigant therein to enable him to protect or
preserve a right or interest which may be affected by such
Sec. 10. Reply-. All new matters alleged in the answer are deemed proceeding (Office of the Ombudsman v. Samaniego GR 175573,
controverted. If the plaintiff wishes to interpose any claims arising Sept. 11, 2008).
out of the new matters so alleged, such claims shall be set forth in
an amended or supplemental complaint. However, the plaintiff may Syllabus 3
file a reply only if the defending party attaches an actionable
document to his or her answer. What is verification?
A reply is a pleading, the office or function of which is to deny, or
allege facts in denial or avoidance of new matters alleged in, or — A pleading is verified by an affidavit of an affiant duly authorized
relating to, said actionable document. to sign said verification. The authorization of the affiant to act on
behalf of a party, whether in the form of a secretary’s certificate or
a special power of attorney, should be attached to the pleading. The authorization of the affiant to act on behalf of a party, whether
(Section 4, Rule 7). in the form of a secretary’s certificate or a special power of
Except when otherwise specifically required by law or rule, attorney, should be attached to the pleading.
pleadings need not be under oath, verified or accompanied by
affidavit. Failure to comply with the foregoing requirements shall not be
curable by mere amendment of the complaint or other initiatory
What should be attested in the verification? pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after
(a) The allegations in the pleading are true and correct based on his hearing. The submission of a false certification or non- compliance
or her personal knowledge, or based on authentic documents. with any of the undertakings therein shall constitute indirect
(b) The pleading is not filed to harass, cause unnecessaryy delay, or contempt of court, without prejudice to the corresponding
needlessly increase the cost of litigation; and administrative and criminal actions. If the acts of the party or his
(c) The factual allegations therein have evidentiary support after counsel clearly constitute willful and deliberate forum shopping, the
reasonable opportunity for discovery. same shall be ground for summary dismissal with prejudice and
shall constitute direct contempt, as well as a cause for
Sec. 5. Certification against forum shopping.-- administrative sanctions.

The plaintiff or the principal party shallcertify under oath in the Who executes the certification?
complaint or other initiatory pleading asserting a claim for relief, or
in a sworn certification annexed thereto and simultaneously filed It is the plaintiff or principal party who executes the certification
therewith: under oath. (Sec. 5)

a) that he has not theretofore commenced any action orfiled any Who signs the certification if the plaintiff is a juridical entity?
claim involving thesame issues in any court, tribunal or quasi- The authorization of the affiant to act on behalf of a party, whether
judicialagency and, to the best of his knowledge, no such other in the form of a secretary’s certificate or a special power of
action or claim is pending therein; attorney, should be attached to the pleading. (Section 5, Rule 7)
b) if there is such other pending action or claim, a complete
statement of the status thereof; and Effects of non-compliance with the rule on certification against
c) iif he should thereafter learn that the same or similar action or forum shopping
claim has been filed or is pending, he shall report that fact within — It is a ground for dismissal.
five — The dismissal on this ground is without prejudice, unless
otherwise provided.
(5) calendar days therefrom to the court wherein his aforesaid — Not curable by amendment.
complaint or initiatory pleading has been filed. —False certification and non-compliance with undertaking
constitute direct contempt. -Yes. Under Section 2, Rule 8, it is provided that “a party may set
—If forum shopping is wilful or deliberate – ground for summary forth two or more statements of a claim or defense alternatively or
dismissal with prejudice and would constitute direct contempt hypothetically, either in one cause of action or defense or in
(Section 5, Rule 7). separate causes of action or defenses. ”
Sec. 1 In general – Every pleading shall contain in a methodical and
logical form, a plain, concise and direct statement of the ultimate Sec. 4. Capacity - Facts showing the capacity of a party to sue or to
facts, including the evidence on which the party pleading relies for be sued or the authority of a party to sue or to be sued in a
his or her claim or defense, as the case may be.If a cause of action representative capacity or the legal existence of an organized
or defense relied on is based on law, the pertinent provisions association of persons that is made a party, must be averred. A
thereof and their applicability to him or her shall be clearly and party desiring to raise an issue as to the legal existence of any party
concisely stated. or the capacity of any party to sue or be sued in a representative
capacity, shall do so by specific denial, which shall include such
General rule: supporting particulars as are peculiarly within the pleader's
knowledge. (4)
Every pleading shall contain in a methodical and logical form, a
plain, concise and direct statement of the ultimate facts, including When you file a case against somebody you must have capacity to
the evidence on which the party pleading relies for his or her claim sue and defendant must have capacity to be sued.
or defense, as the case may be.
If a cause of action or defense relied on is based on law, the Sec. 5. Fraud, mistake, condition of the mind.- In all averments of
pertinent provisions thereof and their applicability to him or her fraud or mistake, the circumstances constituting fraud or mistake
shall be clearly and concisely stated. (Section 1, Rule 8). must be stated with particularity. Malice, intent, knowledge or
other condition of the mind of a person may be averred generally.
Sec. 2. Alternative causes of action or defenses. - (5a)
Sec. 6. Judgment. In pleading a judgment or decision of a domestic
A party may set forth two or more statements of a claim or defense or foreign court,judicial or quasi-judicial tribunal, or of a board or
alternatively or hypothetically, either in one cause of action or officer, it is sufficient to aver the judgment or decision without
defense or in separate causes of action or defenses. When two or setting forth matter showing jurisdiction to render it. (6)
more statements are made in the alternative and one of them if In pleading a judgment or decision of a domestic or foreign court,
made independently would be sufficient, the pleading is not made judicial or quasijudicial tribunal, or of a board or officer, it is
insufficient by the insufficiency of one ormore of the alternative sufficient to aver the judgment or decision without setting forth
statements. (2) matter showing jurisdiction to render it. An authenticated copy of
the judgment or decision shall be attached to the pleading.
Is pleading with different causes of action or defense permissible?
Sec. 7. Action or defense based on document.Whenever an action
or defense is based upona written instrument or document, the Sec. 2. Compulsory counterclaim, or cross- claim, not set up barred.
substance of such instrument or document shall be set forth in the A compulsory counterclaim, or a cross-claim, not set up shall be
pleading, and the original or a copy thereof shall be attached tothe barred. (4a)
pleading as an exhibit, which shall be deemed to be a part of the
pleading, or said copy may with like effect be set forth in the What is the effect if compulsory and cross-claim are not set-up?
pleading. (7) -Rule 9 Sec 2
Not every document that is needed in trial is actionable document. -Barred
This section should be read in conjunction with Section 7, Rule 6
Section 1. Defenses and objections not pleaded. which provides that “a compulsory counterclaim not raised in the
Defenses and objections not pleaded either in a motion to dismiss same action is barred, unless otherwise allowed by these Rules.”
or in the answer are deemed waived. However, when it appears
from the pleadings or the evidence on record that the court has no Sec. 3. Default; declaration of. If the defending party fails to answer
jurisdiction over the subject matter, that there is another action within the time allowed therefor, the court shall, upon motion of
pending between the same parties for the same cause, or that the the claiming party with notice to the defending party, and proof of
action is barred by a prior judgment or by statute of limitations, the such failure, declare the defending party in default. Thereupon, the
court shall dismiss the claim. court shall proceed to render judgment granting the claimant such
relief as his or her pleading may warrant, unless the court in its
GENERAL RULE: Defenses or objections not pleaded in a motion to discretion requires the claimant to submit evidence. Such reception
dismiss or on answer are deemed waived. If you do not plead your of evidence may be delegated to the clerk of court. (1a, R18)
defense, the same is deemed waived. The court has no jurisdiction
over the issues. (a) Effect of order of default. — A party in default shall be entitled to
notice of subsequent proceedings but shall not to take part in the
EXCEPTIONS: trial.
(b) Relief from order of default. — A party declared in default may
Q: What defenses or objections can be taken cognizance of by the at any time after notice thereof and before judgment file a motion
court despite the fact that they are not raised in the motion to under oath to set aside the order of default upon proper showing
dismiss or answer? that his or her failure to answer was due to fraud, accident, mistake
A: Under Section 1, Rule 9, the following: (RLPS) or excusable negligence and that he or she has a meritorious
1.) That the court has no jurisdiction over the subject matter; defense. In such case, the order of default may be set aside on such
2.) That there is another action pending between the same parties terms and conditions as the judge may impose in the interest of
for the same cause (litis pendentia); justice.
3.) That the action is barred by prior judgment (res judicata); and (c) Effect of partial default. — When a pleading asserting a claim
4.) That the action is barred by statute of limitation (prescription). states a common cause of action against several defending parties,
some of whom answer and the others fail to do so, the court shall the court that the motion was made with intent to delay or confer
try the case against all upon the answers thus filed and render jurisdiction on the court, or the pleading stated no cause of action
judgment upon the evidence presented. from the beginning which could be amended. Orders of the court
(d) Extent of relief to be awarded. — A judgment rendered against a upon the matters provided in this Section shall be made upon
party in default shall not exceed the amount or be different in kind motion filed in court, and after notice to the adverse party, and an
from that prayed for nor award unliquidated damages. opportunity to be heard. (3a

Sec. 6. Supplemental pleadings. - Upon motion of a party the court

may, upon reasonable notice and upon such terms as are just,
Sec. 1. Amendmentsin general. - Pleadings may be amended by permit him or her to serve a supplemental pleading setting forth
adding or striking out an allegation or the name of any party, or by transactions, occurrences or events which have happened since the
correcting a mistake in the name of a party or a mistaken or date of the pleading sought to be supplemented. The adverse party
inadequate allegation or description in any other respect, so that may plead thereto within ten (10) calendar days from notice of the
the actual merits of the controversy may speedily be determined, order admitting the supplemental pleading. (6a)
without regard to technicalities, and in the most expeditious
andinexpensive manner. (1) Section 8. Effect of amended pleadings. - Anamended pleading
supersedes the pleading that it amends.However, admissions in
Pleadings may be amended by: superseded pleadings may be offered in evidence against the
1) adding an allegation of a party pleader; and claims and defenses alleged therein not incorporated
2) adding the name or substituting a party in the amended pleading shall bedeemed waived.
3) striking out an allegation of a party;
4) striking out the name of a party; What is the effect of amendment?
5) correcting a mistake in the name of a party; and It supersedes the pleading that it amends (Section 8, Rule 10).
6) correcting a mistake or inadequate allegation ordescription in any The admission made in the superseded pleading may be received in
other respect. evidence against the pleader (Section 8, Rule 10).

Sec. 2. Amendments as a matter of right. - Aparty may amend his SECTION 1. Answer to the complaint. The defendant shall file his or
pleading once as a matter of right at any time before a responsive her answer to the complaint within thirty (30) calendar days after
pleading is served or, in the case of a reply, at any time within ten service of summons, unless a different period is fixed by the court.
(10) calendar days after it is served. (2a) (1a)

Sec. 3. Amendments by leave of court. - Except as provided in the Sec. 2. Answer of a defendant foreign private juridical entity.
next preceding Section, substantial amendments may be made only Answer of a defendant foreign private juridical entity. — Where the
upon leave of court. But such leave shall be refused if it appears to defendant is a foreign private juridical entity and service of
summons is made on the government official designated by law to answer to the supplemental complaint if no new or supplemental
receive the same, the answer shall be filed within sixty (60) calendar answer is filed. (7a)
days after receipt of summons by such entity. (2a)
Sec. 8. Existing counterclaim or cross-claim. A compulsory
Sec.3. Answer to amended complaint. When the plaintiff files an counterclaim or a cross-claim that a defending party has at the time
amended complaint as a matter of right, the defendant shall answer he or she files his or her answer shall be contained therein. (8a)
the same within thirty (30) calendar days after being served with a
copy thereof.Where its filing is not a matter of right, the defendant
shall answer the amended complaint within fifteen (15) calendar Sec. 9. Counterclaim or cross-claim arisingafter answer. A
days from notice of the order admitting the same. An answer earlier counterclaim or a cross-claim which either matured or was acquired
filed may serve as the answer to the amended complaint if no new by a party after serving his or her pleading may, with the permission
answer is filed. of the court, be presented as a counterclaim or a cross-claim
bysupplemental pleading before judgment. (9,R6)
This Rule shall apply to the answer to an amended counterclaim,
amended crossclaim, amended third (fourth, etc.)-party complaint, Sec. 10. Omitted counterclaim or cross-claim. When a pleader fails
and amended complaint-inintervention. (3a) to set up a counterclaim or a cross-claim through oversight,
inadvertence, or excusable neglect, or when justice requires, he or
Sec. 4. Answer to counterclaim or crossclaim. A counterclaim or she may, by leave of court, set up the counterclaim or cross-claim
cross-claim must be answered within twenty (20) calendar days by amendment before judgment. (3a, R9)
from service. (4a)
Sec. 11. Extension of time to file an answer-.A defendant may, for
Sec. 5. Answer to third (fourth, etc.)- partycomplaint. The time to meritorious reasons, be granted an additional period of not more
answer a third (fourth, etc.) — party complaint shall be governed by than thirty (30) calendar days to file an answer. A defendant is only
the same rule as the answer to the complaint. (5) allowed to file one (1) motion for extension of time to file an
answer.
Sec. 6. Reply. A reply, if allowed under Section 10, Rule 6 hereof,
may be filed within fifteen (15) calendar days from service of the A motion for extension to file any pleading, other than an answer, is
pleading responded to. (6a)If you want to file a reply, you have ten prohibited and considered a mere scrap of paper. The court,
(15) days to file. But as a general rule, the filing of a reply is optional. however, may allow any other pleading to be filed after the time
fixed by these Rules. (11a)
Sec. 7. Answer to supplemental complaint. A supplemental
complaint may be answered within twenty (20) calendar days from Requisites:
notice of the order admitting the same, unless a different period is 1. There must be a motion;
fixed by the court. The answer to the complaint shall serve as the 2. With service of such motion to other party; and
3. On such terms as may be just. (c) Sending them by accredited courier; or

RULE 13 (d) Transmitting them by electronic mail or other electronic

FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER means as may be authorized by the Court in places where
PAPERS the court is electronically equipped.

Section 1. Coverage. — This Rule shall govern the filing of all In the first case, the clerk of court shall endorse on the pleading the
pleadings, motions, and other court submissions, as well as their date and hour of filing. In the second and third cases, the date of
service, except those for which a different mode of service is the mailing of motions, pleadings, and other court submissions, and
prescribed. (1) payments or deposits, as shown by the post office stamp on the
envelope or the registry receipt, shall be considered as the date of
Section 2. Filing and Service, defined. — Filing is the act their filing, payment, or deposit in court. The envelope shall be
of submitting the pleading or other paper to the court. attached to the record of the case. In the fourth case, the date of
electronic transmission shall be considered as the date of filing.
Service is the act of providing a party with a copy of the pleading or
any other court submission. If a party has appeared by counsel, When is the pleading, motion or other court submissions
service upon such party shall be made upon his or her counsel or considered filed?
one of them, unless service upon the party and the party's (a)When filed personally, upon the receipt of the court;
counsel is ordered by the court. Where one counsel appears for (b)When filed registered mail or accredited courier, the date of
several parties, such counsel shall only be entitled to one copy of mailing;
any paper served by the opposite side. (c) In the fourth case, the date of electronic transmission shall be
considered as the date of filing.
Where several counsels appear for one party, such party shall be
entitled to only one copy of any pleading or paper to be served Substituted service. If service of pleadings, motions, notices,
upon the lead counsel if one is designated, or upon any one of them resolutions, orders and other papers cannot be made under the two
if there is no designation of a lead counsel. preceding sections, the office and place of residence of the party or
his or her counsel being unknown, service may be made by
Section 3. Manner of filing. — The filing of pleadings and other delivering the copy to the clerk of court, with proof of failure of
court submissions shall be made by: both personal service and service by mail. The service is complete at
the time of such delivery. (8a
(a) Submitting personally the original thereof, plainly
indicated as such, to the court; Sec. 10. Presumptive service. — There shall be presumptive notice
to a party of a court setting if such notice appears on the records to
(b) Sending them by registered mail; have been mailed at least twenty (20) calendar days prior to the
scheduled date of hearing and if the addressee is from within the together with the certified or sworn copy of the notice given by the
same judicial region of the court where the case is pending, or at postmaster to the addressee.
least thirty (30) calendar days if the addressee is from outside the (c) Accredited courier service.
judicial region. (n)
Purpose of summons in an action in personam?
When is service considered complete? In an action in personam, the purpose of summons is not
— Service by ordinary mail is complete upon the expiration of ten only to notify the defendant of the action against him but
(10) calendar days after mailing. also to acquire jurisdiction over his person(Umandap vs.
— Service by registered mail is complete upon actual receipt by the Sabio, Jr., 339 SCRA 243).
addressee, or after five (5) calendar days from the date he or she For actions in personam: [1] To acquire jurisdiction over the
received the first notice of the postmaster, whichever date is earlier. person of the defendant; and [2] To give notice to the
— Service by accredited courier is complete upon actual receipt by defendant that an action has been commenced against him.
the addressee, or after at least two (2) attempts to deliver by the Example: action for collection of sum of money and
courier service, or upon the expiration of five (5) calendar days after damages; action for unlawful detainer or forcible entry;
the first attempt to deliver, whichever is earlier. —Electronic service action for specific performance; action to enforce a foreign
is complete at the time of the electronic transmission of the judgment in a complaint for a breach of contract.
document, or when available, at the time that the electronic
notification of service of the document is sent. How is jurisdiction over the person of the defendant acquired?
Jurisdiction over the person of the defendant acquired either
Sec 16. Proof of filing. — The filing of a pleading or any other court through service of summons or through voluntary appearance in
submission shall be proved by its existence in the record of the case. court and submission to its authority.
Section 23. Voluntary appearance. — The defendant's voluntary
Sec 17. Proof of service. –— Proof of personal service shall consist appearance in the action shall be equivalent to service of summons.
of a written admission of the party served, or the official return of The inclusion in a motion to dismiss of other grounds aside from
the server, or the affidavit of the party serving, containing a lack of jurisdiction over the person of the defendant shall be
statement of the date, place, and manner of service. If the service is deemed a voluntary appearance.
made by: Who issues the summons?
(a) Ordinary mail. – Proof shall consist of an affidavit of the person Section 3. By whom served. — The summons may be served by the
mailing stating the facts showing compliance with Section 7 of this sheriff, his deputy, or other proper court officer, and in case of
Rule. failure of service of summons by them, the court may authorize the
(b) Registered mail. – Proof shall be made by the affidavit plaintiff - to serve the summons
mentioned above and the registry receipt issued by the mailing - together with the sheriff
office. The registry return card shall be filed immediately upon its In cases where summons is to be served outside the judicial region
receipt by the sender, or in lieu thereof, the unclaimed letter of the court where the case is pending, the plaintiff shall be
authorized to cause the service of summons. If the plaintiff is a In cases where summons is to be served outside the judicial region
juridical entity, it shall notify the court, in writing, and name its of the court where the case is pending, the plaintiff shall be
authorized representative therein, attaching a board resolution or authorized to cause the service of summons.
secretary's certificate thereto, as the case may be, stating that such If the plaintiff is a juridical entity, it shall notify the court, in writing,
representative is duly authorized to serve the summons on behalf of and name its authorized representative therein, attaching a board
the plaintiff. If the plaintiff misrepresents that the defendant was resolution or secretary's certificate thereto, as the case may be,
served summons, and it is later proved that no summons was stating that such representative is duly authorized to serve the
served, the case shall be dismissed with prejudice, the proceedings summons on behalf of the plaintiff.
shall be nullified, and the plaintiff shall be meted appropriate When is there failure of service of summons?
sanctions. If summons is returned without being served on any or all Failure to serve summons means that the court did not acquire
the defendants, the court shall order the plaintiff to cause the jurisdiction over the person of the defendant. Absent proper service
service of summons by other means available under the Rules. of summons, the court cannot acquire jurisdiction over the
Failure to comply with the order shall cause the dismissal of the defendant unless there is voluntary appearance. The filing of an
initiatory pleading without prejudice. answer and other subsequent pleadings is tantamount to voluntary
Contents of summons appearance. (People's General Insurance Corp vs. Edgardo Guansing
Section 2. Contents. — The summons shall be directed to the and Eduardo Lizaso, G.R. No. 204759, November 14, 2018)
defendant, signed by the clerk of court under seal, and contain: Section 23. Voluntary appearance. — The defendant's voluntary
(a) The name of the court and the names of the parties to the appearance in the action shall be equivalent to service of summons.
action; (b) When authorized by the court upon ex parte motion, an The inclusion in a motion to dismiss of other grounds aside from
authorization for the plaintiff to serve summons to the defendant; lack of jurisdiction over the person of the defendant shall be
(c) A direction that the defendant answer within the time fixed by deemed a voluntary appearance.
these Rules; and How is service upon the persons of the defendant made?
(d) A notice that unless the defendant so answers, plaintiff will take Section 5. Service in person on defendant. — Whenever
judgment by default and may be granted the relief applied for. practicable, the summons shall be served by handing a copy thereof
A copy of the complaint and order for appointment of guardian ad to the defendant in person and informing the defendant that he or
litem, if any, shall be attached to the original and each copy of the she is being served, or, if he or she refuses to receive and sign for it,
summons. by leaving the summons within the view and in the presence of the
defendant.
Who is authorized to serve summons? When can substituted service be effected?
Section 3. By whom served. — The summons may be served by the Section 6. Substituted service. — If, for justifiable causes, the
sheriff, his deputy, or other proper court officer, and in case of defendant cannot be served personally after at least three (3)
failure of service of summons by them, the court may authorize the attempts on two (2) separate dates, service may be effected:
plaintiff - to serve the summons - together with the sheriff.
(a) By leaving copies of the summons at the defendant's residence or her guardian ad litem whose appointment shall be applied for by
to a person at least eighteen (18) years of age and of sufficient the plaintiff. In the case of a minor, service shall be made on his or
discretion residing therein; her parent or guardian.
(b) By leaving copies of the summons at the defendant's office or How is service of summons effected upon a domestic private
regular place of business with some competent person in charge entity? Section 12. Service upon domestic private juridical entity.
thereof. A competent person includes, but not limited to, one who — When the defendant is a corporation, partnership or association
customarily receives correspondences for the defendant; organized under the laws of the Philippines with a juridical
(c) By leaving copies of the summons, if refused entry upon making personality, service may be made on the president, managing
his or her authority and purpose known, with any of the officers of partner, general manager, corporate secretary, treasurer, or in-
the homeowners' association or condominium corporation, or its house counsel of the corporation wherever they may be found, or in
chief security officer in charge of the community or the building their absence or unavailability, on their secretaries. If such service
where the defendant may be found; and cannot be made upon any of the foregoing persons, it shall be made
(d) By sending an electronic mail to the defendant's electronic mail upon the person who customarily receives the correspondence for
address, if allowed by the court. the defendant at its principal office. In case the domestic juridical
Who is a person of suitable age or discretion? entity is under receivership or liquidation, service of summons shall
Section 20. — (3) The name of the person at least eighteen (18) be made on the receiver or liquidator, as the case may be.
years of age and of sufficient discretion residing thereat; name of
competent person in charge of the defendant's office or regular Should there be a refusal on the part of the persons above-
place of business, or name of the officer of the homeowners' mentioned to receive summons despite at least three (3) attempts
association or condominium corporation or its chief security officer on two (2) separate dates, service may be made electronically, if
in charge of the community or building where the defendant may be allowed by the court, as provided under Section 6 of this rule.
found. Can substituted service be effected if the defendant is a
How is service of summons effected upon a prisoner? corporation?
Section 8. Service upon prisoners. — When the defendant is a Section 15. Service upon public corporations. — When the
prisoner confined in a jail or institution, service shall be effected defendant is the Republic of the Philippines, service may be effected
upon him or her by the officer having the management of such jail on the Solicitor General; in case of a province, city or municipality,
or institution who is deemed as a special sheriff for said purpose. or like public corporations, service may be effected on its executive
The jail warden shall file a return within five (5) calendar days from head, or on such other officer or officers as the law or the court may
service of summons to the defendant. direct
How is service effected upon minors?
Section 10. Service upon minors and incompetents. — When the
defendant is a minor, insane or otherwise an incompetent person,
service of summons shall be made upon him or her personally and Section 14. Service upon foreign private juridical entities. — When the
on his or her legal guardian if he or she has one, or if none, upon his defendant is a foreign private juridical entity which has transacted or is
doing business in the Philippines, as defined by law, service may be unknown owner, or the like, or whenever his or her whereabouts are
made on its resident agent designated in accordance with the law for unknown and cannot be ascertained by diligent inquiry, within ninety
that purpose, or, if there be no such agent, on the government official (90) calendar days from the commencement of the action, service may,
designated by law to that effect, or on any of its officers, by leave of court, be effected upon him or her by publication in a
agents, directors or trustees within the Philippines. newspaper of general circulation and in such places and for such time
as the court may order.
If the foreign private juridical entity is not registered in the Philippines,
or has no resident agent but has transacted or is doing business in it, as Any order granting such leave shall specify a reasonable time, which
defined by law, such service may, with leave of court, be effected shall not be less than sixty (60) calendar days after notice, within which
outside of the Philippines through any of the following means: the defendant must answer. (14)

(a) By personal service coursed through the appropriate court Section 17. Extraterritorial service. — When the defendant does not
in the foreign country with the assistance of the department of reside and is not found in the Philippines, and the action affects the
foreign affairs; personal status of the plaintiff or relates to, or the subject of which is,
property within the Philippines, in which the defendant has or claims a
(b) By publication once in a newspaper of general circulation in lien or interest, actual or contingent, or in which the relief demanded
the country where the defendant may be found and by serving consists, wholly or in part, in excluding the defendant from any interest
a copy of the summons and the court order by registered mail therein, or the property of the defendant has been attached within the
at the last known address of the defendant; Philippines, service may, by leave of court, be effected out of the
Philippines by personal service as under Section 6; or as provided for in
(c) By facsimile; international conventions to which the Philippines is a party; or by
publication in a newspaper of general circulation in such places and for
(d) By electronic means with the prescribed proof of service; or such time as the court may order, in which case a copy of the summons
and order of the court shall be sent by registered mail to the last
(e) By such other means as the court, in its discretion, may known address of the defendant, or in any other manner the court may
direct. (12) deem sufficient. Any order granting such leave shall specify a
reasonable time, which shall not be less than sixty (60) calendar days
after notice, within which the defendant must answer. (15)
Section 15. Service upon public corporations. — When the defendant is
the Republic of the Philippines, service may be effected on the Solicitor
General; in case of a province, city or municipality, or like public II. Motions – Rule 15
corporations, service may be effected on its executive head, or on such
other officer or officers as the law or the court may direct. (13) a. Forms of Motion

Section 16. Service upon defendant whose identity or whereabouts are Section 1. Motion defined — a motion is an application for relief
unknown. — In any action where the defendant is designated as an other than by a pleading.
Section 2. Motions must be in writing. — All motions shall be in f) Motion for the issuance of a writ of possession;
writing except those made in open court or in the course of a
hearing or trial. g) Motion for the issuance of an order directing the sheriff to
A motion made in open court or in the course of a hearing or trial
should immediately be resolved in open court, after the adverse execute the final certificate of sale; andh) Other similar motions.
party is given the opportunity to argue his or her opposition
thereto.
When a motion is based on facts not appearing on record, the court These motions shall not be set for hearing and shall be resolved by
may hear the matter on affidavits or depositions presented by the the court within five (5) calendar days from receipt thereof.
respective parties, but the court may direct that the matter be
heard wholly or partly on oral testimony or depositions Section 5. Litigious motions. — (a) Litigious motions include:
b. Is hearing necessary for the motion? 1. Motion for bill of particulars;

A motion without notice of hearing is pro forma, a mere scrap of 2. Motion to dismiss;
paper. It presents no question which the court could decide. The
court has no reason to consider it and the clerk has no right to 3. Motion for new trial;
receive it. (Fajardo vs. CA and Bugaring,
G.R. No. 140356 March 20, 2001) 4. Motion for reconsideration;
c. Non-litigious motion vs. Litigious motion
5. Motion for execution pending appeal;
Section 4. Non-litigious motions. — Motions which the court may
act upon without prejudicing the rights of adverse parties are non- 6. Motion to amend after a responsive pleading has been filed;
litigious motions. These motions include:
a) Motion for the issuance of an alias summons; 7. Motion to cancel statutory lien;

b) Motion for extension to file answer; 8. Motion for an order to break in or for a writ of demolition;

c) Motion for postponement; 9. Motion for intervention;

d) Motion for the issuance of a writ of execution; 10. Motion for judgment on the pleadings;

e) Motion for the issuance of an alias writ of execution; 11. Motion for summary judgment;
12. Demurrer to evidence; motions shall not be set for hearing at all and shall be resolved by
the court within five (5) calendar days from receipt thereof.
13. Motion to declare defendant in default; and In either case, no additional submissions will be considered by the
court.
14. Other similar motions. e. Exception to omnibus motion rule

(b) All motions shall be served by personal service, accredited Section 9. Omnibus motion. — Subject to the provisions of Section 1
private courier or registered mail, or electronic meansso as to of Rule 9, a motion attacking a pleading, order, judgment, or
proceeding shall include all objections then available, and all
ensure their receipt by the other party.
objections not so included shall be deemed waived.
f. Prohibited motion
(c) The opposing party shall file his or her opposition to a
litigious motion within five (5) calendar days from receiptthereof.
Section 12. Prohibited motions. — The following motions shall not
No other submissions shall be considered by the court in the
be allowed:
resolution of the motion. (a) Motion to dismiss except on the following grounds:
1) That the court has no jurisdiction over the subject matter of the
The motion shall be resolved by the court within fifteen (15) claim;
calendar days from its receipt of the opposition thereto, or upon
expiration of the period to file such opposition.
2) That there is another action pending between the same parties
d. Procedure in Litigious motion
for the same cause; and

Section 6. Notice of hearing on litigious motions; discretionary. —

3) That the cause of action is barred by a prior judgment or by the
The court may, in the exercise of its discretion, and if deemed
statute of limitations;
necessary for its resolution, call a hearing on the motion. The notice
of hearing shall be addressed to all parties concerned, and shall
specify the time and date of the hearing. (b) Motion to hear affirmative defenses;

The Amended Rules of Civil Procedure has defined what constitutes (c) Motion for reconsideration of the court's action on the
a litigious and a non-litigious motion. For Litigious motions (such as affirmative defenses;
a motion to dismiss and a motion for reconsideration), the opposing
party shall file the opposition to the motion within five (5) calendar (d) Motion to suspend proceedings without a temporary restraining
days from receipt thereof. A hearing on a litigious motion is now order or injunction issued by a higher court;
subject to the court's discretion and only if deemed necessary for
the resolution of the motion. On the other hand, Non-Litigious
(e) Motion for extension of time to file pleadings, affidavits or any accused crime, and other details that aid in the argument of the
other papers, except a motion for extension to filean answer as defense.
provided by Section 11, Rule 11; and
h. Motion to Dismiss - (RLPS)
(f) Motion for postponement intended for delay, except if it is
based on acts of God, force majeure or physicalinability of the Under the Revised Rules, only the following grounds may be raised
witness to appear and testify. If the motion is granted based on as grounds for a Motion to Dismiss: (a) lack of jurisdiction over the
such exceptions, the moving party shall be warned that the
subject matter; (b) pendency of action between the same parties
presentation of its evidence must still be terminated on the
dates previously agreed upon. for the same cause; and (c) cause of action is barred by prior
judgment or by the statute of limitations. III. Pre-trial — Rule 18
A motion for postponement, whether written or oral, shall, at all
times, be accompanied by the original official receipt from the office
a. When conducted?
of the clerk of court evidencing payment of the postponement fee
under Section 21(b), Rule 141, to be submitted either at the time of
the filing of said motion or not later than the next hearing date. The Section 1. When conducted. — After the last responsive pleading
clerk of court shall not accept the motion unless accompanied by has been served and filed, the branch clerk of court shall issue,
the original receipt. within five (5) calendar days from filing, a notice of pre-trial which
g. Motion for Bill of Particulars shall be set not later than sixty
(60) calendar days from the filing of the last responsive pleading.
b. Nature and Purpose
– 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 Section 2. Nature and Purpose. — The pre-trial is mandatory and
information and the details desired. should be terminated promptly. The court shall consider:
According to Colorado Rules of Criminal Procedure, Rule (7) The (a) The possibility of an amicable settlement or of a
purpose of this motion is to compel the district attorney to
specifically spell out the underlying details alleged to have been submission to alternative modes of dispute resolution; (b)
committed within each offense charged. A Bill of Particulars calls for
an exposition of the facts that the prosecution intends to prove and The simplification of the issues;
limits the proof at trial to those areas described in the bill.
It also allows the defense to “properly prepare his or her defense”
(c) The possibility of obtaining stipulations or admissions of facts
in terms of a possible alibi, witnesses, times and dates of the
arid of documents to avoid unnecessary proof;
(d) The limitation of the number and identification of witnesses and No reservation shall be allowed if
the setting of trial dates;
not made in the manner described
(e) The advisability of a preliminary reference of issues to a
commissioner; above. (h) (h) Such other matters as

(f) The propriety of rendering judgment on the pleadings, or may aid in the prompt disposition of
summary judgment, or of dismissing the action should avalid
the action.
ground therefor be found to exist; (g) The requirement for the

parties to: The failure without just cause of a party and counsel to appear
during pre-trial, despite notice, shall result in a waiver of any
objections to the faithfulness of the reproductions marked, or their
1) Mark their respective evidence if not vet marked in the judicial
genuineness and due execution.
affidavits of their witnesses;
The failure without just cause of a party and/or counsel to bring the
evidence required shall be deemed a waiver of the presentation of
2) Examine and make comparisons of the adverse parties' evidence such evidence.
vis-a-vis the copies to be marked; The branch clerk of court shall prepare the minutes of the pre-trial,
which shall have the following format: (See prescribed form)
3) Manifest for the record stipulations regarding the faithfulness of c. Effect of failure to appear
the reproductions and the genuineness and dueexecution of the
adverse parties' evidence; Section 5. Effect of failure to appear. — When duly notified, the
failure of the plaintiff and counsel to appear without valid cause
4) Reserve evidence not available at the pre-trial, but only in the when so required, pursuant to the next preceding Section, shall
following manner: cause the dismissal of the action. The dismissal shall be with
prejudice, unless otherwise ordered by the court. A similar failure
1) For testimonial evidence, by giving the name or position and the on the part of the defendant and counsel shall be cause to allow he
plaintiff to present his or her evidence ex-parte within ten (10)
nature of the testimony of the proposed witness;
calendar days from termination of pre-trial, and the court to render
judgment on the basis of the evidence offered.
2) For documentary evidence and other object evidence, by giving a
particular description of the evidence.