OUTLINE FOR DISCUSSION ON CIVIL PROCEDURE (REM 1, FIRST PART)

CIVIL ACTIONS

Preliminary

Definition of Complaint Requirements Verification Certificate Against Forum-Shopping NatureMCLE Compliance

Filing of Complaint Manner Payment of Docket and other Lawful Fees

WHEN JURISDICTION OVER PARTIES IS ACQUIRED Modes of Service of Summons Personal Service Substituted Service Service on Domestic Private Juridical Entity Service on Foreign Private Juridical Entity Constructive Service (By Publication) Extraterritorial Service, When Leave of Court maybe granted

Effect of Lack of Summons

INCIDENTS AFTER COURT HAS ACQUIRED JURISDICTION OVER THE PARTIES Preliminary Plaintiff

Notice of Dismissal of the complaint under Rule 17, Sec. 1 Amended Complaint under Rule 10, Sec. 2 Motion for Leave of court to file a Supplemental Complaint under Rule 10, Sec. 6 Motion for leave of Court to take Deposition upon Oral Examination or Written Interrogatories of any person, whether a party or not under Rule 23, Sec. 1.

Motion for Leave of Court to Serve Written Interrogatories upon Defendant under Rule 25, Sec. 1 Motion for Production or Inspection of Documents or Things, Rule 27, Sec. 1 Motion to Declare Defendant in Default under Rule 9, Sec. 3

Defendant

Motion to Set Aside Order of Default under Rule 9, Sec. 3 Motion for Extension of Time to File Responsive Pleading under Rule 11, Sec. 11 Motion for Bill of Particulars under Rule 17, Sec. 1

Jurisprudence on specific Incidents Notice of dismissal of complaint Amended Complaint Supplemental Complaint Deposition Rule23 Written Interrogatories Upon Defendant, Rule 25, Sec. 1 Request for Admission Production or Inspection of Document or Things, Rule 27, Sec. 1 Physical and Mental Examination of a Party, Rule 28, Sec. 1 Consequences of Refusal, Rule 29 Default, Rule 9, Sec. 3 Jurisprudence on Default Effect of Order of Default Summary of Remedies after Default Actions where Default not Allowed Extension of Time to File Responsive Pleading Rule 11 Bill of Particulars Rule 12, Sec. 1

Motion to Dismiss Grounds Rule 16, Sec. 1 Discussion of Individual Grounds Venue improperly laid Plaintiff has No Legal Capacity to Sue Litis Pendencia Res judicata Statute of Limitations No Cause of Action Non-compliance with Condition Precedent Non-compliance with Statute of Frauds

Jurisprudence Resolution of the Motion to Dismiss Pleading Grounds as Affirmative Defenses

JOINDER OF ISSUES

Filing of Answer Time to plead Answer to Complaint and Third-Party, Fourth-Party, etc. complaints.Answer of a Defendant Foreign Private Juridical EntityAnswer to Amended Complaint, Amended Counterclaim, Amended Cross-claim and Amended Third Party, Fourth Party complaintAnswer to Counterclaim or Cross Claim Answer to Supplemental ComplaintAnswer to Complaint-in-Intervention Strict Observance of Periods

Effect of Failure to Plead, Rule 9 General Rule-Deemed Waived Exceptions

Counterclaim Definition Kinds Compulsory Permissive Difference Between Permissive and Compulsory Counterclaim Jurisprudence

PRE-TRIAL Concept and Purpose of Pre-Trial Concept of Pre-Trial Purpose of Pre-Trial

Court-Annexed Mediation, JDR Pre-Trial Order Exceptions

TRIAL Administrative Circular No. 3-99 January 15, 1999 Jurisprudence

JUDGMENT Rule 36

Concept and Requirements Kinds of Judgment and Definitions Without testimonial evidence Judgment on the pleadings Summary Judgment

With Partial Reception of Evidence Judgment by Default Judgment on Demurrer to Evidence

With Reception of Evidence Memorandum Decision Special Judgment

REMEDIES AGAINST JUDGMENTS AND FINAL ORDERS Kinds of remedies Before Finality Motion for Reconsideration Motion for New Trial Appeal

After finality Relief from Judgment or Final Order Petition for Certiorari Annulment of Judgment

Motion for Reconsideration and New Trial Common Rules

Motion for Reconsideration Grounds Requirements No party shall be allowed a second motion for reconsideration

Motion for New Trial

Appeal General Principles

Modes of Appeal Jurisprudence

General Rule and Exceptions

Difference between Question of Fact and Question of Law

JURISDICTIONS

Notice of AppealRecord on Appeal Perfection of AppealEffect of Perfection of AppealEnforcement of Period of Time to Appeal

EXECUTION OF JUDGMENTS AND FINAL ORDERS, Rule 39

Basic Concepts-Definition Execution is a Legal Remedy for the Enforcement of a Judgment Kinds of Execution Discretionary Ministerial, or as of Right

When Writ of Execution may be QuashedOther Grounds to Quash Writ of ExecutionExecution of Final Judgments and OrdersJurisprudence on ExecutionLevy and Garnishment-DefinitionsRules on Redemption Who may redeem Amounts to be Paid in case of Redemption

Jurisprudence on Writs of Possession