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Rule 15 Civ Pro

Rule 15 outlines motions that must be in writing except those made in open court or during a hearing or trial. It provides exceptions to the three-day notice rule such as ex parte motions or when the court sets a shorter notice for good cause. The document stresses that a judge should ensure proper notice to adverse parties and proof of service rather than rely solely on a party's statement, otherwise a contentious motion should not be considered.

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Frances Angelie Nacepo
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73 views1 page

Rule 15 Civ Pro

Rule 15 outlines motions that must be in writing except those made in open court or during a hearing or trial. It provides exceptions to the three-day notice rule such as ex parte motions or when the court sets a shorter notice for good cause. The document stresses that a judge should ensure proper notice to adverse parties and proof of service rather than rely solely on a party's statement, otherwise a contentious motion should not be considered.

Uploaded by

Frances Angelie Nacepo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Rule 15 

Motions
1. 1.    All motions must be in writing except:
2. 2.    Exceptions to the three-day notice rule:
1. Those made in open court; OR
2. Those made in the course of a hearing or trial.
1. Ex parte  motion
2. Urgent motion
3. When court sets hearing on shorter notice for good cause
4. Motion for summary judgment (must be served at least 10 days before the hearing)
à              A prudent judge would, in the absence of the opposing party in the hearing of a motion, inquire from the other party
or inquire from the records the proof of the service of notice rather than proceed with the hearing.  He should not rely on a
party’s undertaking to notify the adverse party of a scheduled hearing.  The judge must demand what the rule requires, i.e.,
proof of such notice on the adverse party.  Otherwise, a contentious motion should be considered a mere scrap of paper which
should not have even been received for filing.

à Subsequent service of the motion on the adverse party may be considered substantial compliance with the Rule 15, § 6. 
Failure to attach to the motion proof of service thereof to the adverse party is not fatal when the adverse party had actually
received a copy of the motion and was in fact present in court when the motion was heard.

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