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I will live my life to the fuNNiest. (BIARES, 2013) www.warlita.wordpress.com OOHlala: Only human. Open to constructive criticism. Hope this helps. lala pg. 1 RIANO SUMMARIZED CIVIL PROCEDURE CHAPTER I: Fundamental Concepts I. The Basics of Civil Litigation Process Preparation of Complaint -no Cause of action - wrong jurisdiction (motu proprio) - wrong venue (upon motion) - prescribed - non compliance with conditions precedent - no signed - Forum shopping (upon motion Dismissal Filing of complaint Non payment of docket fees within the reasonable time BUT before prescription -> no jurisdiction Dismissal Service of summons by the COC Dismissal by plaintiff Before answer- matter of right After answer- court discretion Dismissal Amendment by plaintiff Before responsive pleading is SERVED - matter of right After responsive pleading is SERVED- court discretion Defendant’s procedural options: not required to outrightly file an answer 1. answer 2. complaint ambiguous- file motion for bill of particulars 3. has ground-> motion to dismiss 4. does not answer-> judgment by default Answer By defendant No ground for motion to dismiss or that motion to dismiss was denied NO answer made Judgment by default NO answer made NO denial. No triable issues Admission of claim Judgment based on pleadings Complaint- in- intervention: Stranger asserts a claim against one or all of the parties I will live my life to the fuNNiest. (BIARES, 2013) www.warlita.wordpress.com OOHlala: Only human. Open to constructive criticism. Hope this helps. lala pg. 2 Cross claim to co-defendent 3 rd party complaint to a straner Purpose: contribution, indemnity, subrogation, other relief Answer- in- intervention: Stranger unites with the defendant in resisting a claim by plaintiff Issue does not cover material fact Summary judgment Reply by Plaintiff Counter claim to plaintiff Pre-Trial (mandatory) After last pleading has been served and filed Alternative modes of dispute resolution Modes of discovery Trial No settlement or compromise Present evidence by plaintiff. Then rests Defendant then: 1. presents own; or 2. demurrer to evidence On demurrer to evidence: 1. denied-> may still present own evidence 2. granted-> denied on appeal -> waives right to present evident Judgment Judgment becomes final and executory Post- judgment remedies Execution BEFORE judgment becomes final and executory AFTER judgment becomes final and executory a) motion for reconsideration b) motion for new trial c) appeal a) petition for relief b) action to annul judgment c) certiorari I will live my life to the fuNNiest. (BIARES, 2013) www.warlita.wordpress.com OOHlala: Only human. Open to constructive criticism. Hope this helps. lala pg. 3 1 st : Preparation of the complaint- lawyers meticulously pours over the following: Cause of action vs. right of action. -There is no right of action without there is no cause of action. -Coa is determined by the allegations in the complaint not by the prayer. Court having Jurisdiction. -Wrong Juris-> motu proprio dismissal. Not waivable. Venue. Wrong Venue-> dismissal upon motion. Waivable Real party in interest Prescription. Is prescribed-> ground for dismissal Conditions precedent (eg. brgy conciliation, exhaust admin remedies, etc) State ultimate facts. evidence is presented in the trial proper. Relief prayed for. Dated and signed. -Signed by the party OR his counsel. -not signed -> no legal effect. -if counsel signs- it is a certification by him that he has read the pleading, that to the best of his knowledge, information, and belief, there are good grounds to support it and that it is not interposed for delay. Address of the party OR counsel. Should it be verified? - GR: no Exp: law of rule requires it. ( eg. summary procedure, certiorari, mandamus, etc) Certification against forum shopping Violation-> dismissal upon motion Provisional remedies ( depends upon nature of action) 2 nd : Filing of complaint- act of presenting the same to court Complaint filed + payment of docket fees= court acquires jurisdiction GR: must be accompanied by payment of docket or filing fees SC Rule: relaxed it. May pay within a reasonable time BUT not beyond the prescriptive period. -Rule applies even on appeal. Dismissal of action by plaintiff Before defendant answers After defendant answers notice of dismissal. Motion to dismiss GR: A matter of right EXP: exp: class suit (need court approval) Court’s discretion GR: Dismissal is without prejudice to its later refilling. Exp: 1) notice states otherwise; 2) covered by 2 GR: Dismissal is without prejudice to its later refilling. Exp: court order states otherwise I will live my life to the fuNNiest. (BIARES, 2013) www.warlita.wordpress.com OOHlala: Only human. Open to constructive criticism. Hope this helps. lala pg. 4 dismissal rule Amendment of complaint: Before responsive pleading After responsive pleading A matter of right- if court refuses to accept, remedy is mandamus. * motion to dismiss is NOT a responsive pleading Must be made with leave of court Availed only once When amendment may be denied: 1. amendment was intended for delay 2. no longer a matter of right 3. drastic chain in the cause of action or defense or a change in the theory of the case 4. no jurisdiction over the subject matter of the action and the amendment is for the purpose of conferring jurisdiction upon the court where amendment is no longer a matter of right. ( since no juris over the action-> no juris to act on motion to amend) Amendment by implication - When issues not raised in the pleadings are tried with the express implied consent of the parties. When this occurs, the issues tried with the consent of the parties shall be treated as if they had been raised in the pleadings. 3 rd : Service of summon/ voluntary appearance Job of clerk of court Coercive process which places the person under court jurisdiction Purpose: comply constitutional due process; direct defendant to file an answer; acquired jurisdiction over defendant How to serve: - To be served in person, through substituted - Publication is not recognized Defendant ’s procedural options: not required to outrightly file an answer 1. answer 2. complaint ambiguous- file motion for bill of particulars 3. has ground-> motion to dismiss 4. does not answer-> judgment by default 4 th : Answer Gives notice to the plaintiff as to which allegations in the complaint he decides to contest and thus put to issue. - Failure to file -> entitles plaintiff to file motion to declare defendant in degfaultt. judgment by default Denial must be specific. No specifically denied are deemed admitted - No specific denial-> deemed admitted No denial made -> no triable issue -> judgment on the pleadings Judgment on the pleadings vs summary judgment
