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Rule 13 Filing and Service of Pleadings

The document outlines rules related to filing and service of documents, summons, motions, and motions to dismiss. It discusses who can be served summons, the different modes of service, requirements for motions, and when motions to dismiss can be used. Specifically, it notes that summons are used to acquire jurisdiction over defendants, outlines various methods of service including personal service and service by publication, and stipulates that motions generally must be in writing, state the relief sought, and include proof of service.

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SushenSison
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125 views2 pages

Rule 13 Filing and Service of Pleadings

The document outlines rules related to filing and service of documents, summons, motions, and motions to dismiss. It discusses who can be served summons, the different modes of service, requirements for motions, and when motions to dismiss can be used. Specifically, it notes that summons are used to acquire jurisdiction over defendants, outlines various methods of service including personal service and service by publication, and stipulates that motions generally must be in writing, state the relief sought, and include proof of service.

Uploaded by

SushenSison
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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OUTLINE 2.

Reminder to the defendant


3. #2
RULE 13 FILING AND SERVICE OF PLEADINGS, B. WHO SERVES SUMMONS #16
JUDGMENTS AND OTHER PAPERS C. SIGNIFICANCE OF SUMMONS
1. Acquire jurisdiction
A. APPLICATION 2. Ways of acquiring jurisdiction over the
B. FILING/SERVICE DEFINED person of the defendant #4
1. filing(#1) 3. Voluntary appearance #4
2. Service (#1) a. Include in the motion to dismiss other
a. If party is represented by counsel (#2) grounds #23
b. Service made on a party with counsel D. WHAT ARE THE MODES OF SERVICE
C. MODES OF FILING 1. Service in person to the defendant #5
1. Modes of filing (#3) 2. Substituted service #5, #6
a. Clerk of court a. Relation of confidence
b. Registered mail b. When it may be resorted to
2. Papers that are to be filed or served upon c. Within a reasonable time
affected parties d. Personal service first
D. MODES OF SERVICE e. #9
1. General rule #4 3. Service by publication
2. Personal service (#4) a. Grounds #7
3. Mail b. Resident defendant #8
a. Ordinary mail #6 c. #9
4. Mailed by private carrier 4. Extra territorial service
5. Judgments, final orders or resolutions #5 a. Modes of extra-territorial service
a. Publication #8 b. Instances #11
6. Substituted service c. #12
7. When judgment becomes final d. #8
E. WHEN SERVICE IS COMPLETE #11 e. #10
F. WHAT IS THE RULE ON PRIORITY OF SERVICE #9 f. #13
1. Personally g. #14
2. Distance makes personal service h. #15
impracticable 5. Alias summons #3
3. Reason for priority #10 E. UPON WHOM MAY SERVICE OF SUMMONS BE
G. WHAT CONSTITUTES PROOF OF FILING MADE
H. WHAT CONSTITUTES PROOF OF SERVICE #12, #7 1. Defendant #17
I. NOTICE OF LIS PENDENS a. Entity without juridical personality
1. Definition #13 b. Minor, insane or otherwise incompetent
2. It shall contain c. Republic of the Philippines
3. When available #14 d. Province, city, municipality
a. Collection of money #15 e. Domestic private juridical entity
4. Recorded without the courts intervention i. #21
J. Who may avail of it ii. #22
K. When may it be cancelled? #16 f. Foreign juridical entity
i. #18
ii. #19
iii. #20
F. AFTER SERVICE IS COMPLETE, WHAT UST
RULE 14 SUMMONS SERVER DO
1. Copy of the return must be served
A. SUMMONS DEFINED 2. Proof of service
1. Definition #1 a. Summons by publication
a. Attachments
RULE 15 MOTIONS

A. DEFINED #1
B. REQUISITES OF A VALID MOTION #2
1. Writing
a. Exceptions #5
2. Relief
3. Hearing
4. Notice of hearing #4
a. Pro forma #3
b. Absence of the notice of hearing #3
c. Liberal constructions #3
5. Served
a. Purpose
6. proof of service
a. gr
b. ex-parte
C. WHEN SHOULD MOTIONS BE SET
D. WHAT SHOULD A MOTION CONTAIN
1. Motion attacking a pleading #6
a. Omnibus motion rule #7
b. Purpose of the rule
c. Raise all available exceptions
2. Motion is one for leave to file a pleading or
a motion
3. Form

RULE 16 MOTION TO DISMISS

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