Kinds of pleadings (Rules pleadings (Rules 6, 7 and 8 of the Rules of Court) Court) 1. Complaint Complaint - the written statement of a plaintiff’s cause of action; the names and residences of the plaintiff and defendant must e stated in the complaint. !. "nswer !. "nswer - specific denials of alle#ations of the complaint, or a statement of new facts pre$entin# reco$er% % the plaintiff &. Counterclaim - an% claim which a defendin# part% ma% ha$e a#ainst an opposin# part% (this ma% either e compulsor% or permissi$e) '. Crossclaim - a claim % one part% a#ainst a co-part% arisin# out of a transaction or occurrence that is the suect matter of the ori#inal suit, or of a counterclaim . Repl% - a denial of new matters stated in the answer (if no repl% is filed, the new matters are deemed contro$erted) 6. *hird part% complaint - a claim filed % the defendant with the permission of the court a#ainst a person who is not a part% in the lawsuit (called the +third part% defendant) for contriution, indemnit%, suro#ation, etc. Kinds of motions (Rules motions (Rules 6, 7 and 8 of the Rules of Court) Court) 1. otion for ill of particulars - a reuest % a part% for a clearer and more specific statement of alle#ations made % the opposin# part%, to enale him to prepare his responsi$e pleadin# or to prepare for trial. /t must point out defects complained of and the details desired. !. otion to dismiss dismiss - a mo$e % the defendant to dismiss the suit a#ainst him ased on #rounds li0e the lac0 of urisdiction, no cause of
action, etc. &. otion for inter$ention - made % a person who has a le#al interest (a) in the matter in liti#ation; () in the success of either part%; (c) an interest a#ainst oth; or (d) who will e ad$ersel% affected % distriution or disposition of propert% in the custod% of the court or an officer thereof. '. otion for ud#ment on the pleadin#s - made % the plaintiff for the court to render a decision ased solel% on the pleadin#s ecause the defendant’s answer does not den% the alle#ations in the complaint, e2cept dama#es (this is not allowed for le#al separation or annulment cases). . otion for summar% ud#ment - made % an% part% for the court to render a decision ased on the pleadin#s (complaint, answer, etc), affida$its, stipulations, and admissions, in cases li0e reco$er% of dets, etc. Notes: 1. 3ersonal ser$ice of the pleadin# or motion is preferred. /f it is either filed or ser$ed throu#h re#istered mail, it must contain an e2planation wh% personal ser$ice was not resorted to (Rule 1&, 4ection 11). !. 4er$ice of a motion on an ad$erse part% should #enerall% e done as to ensure its receipt at least three da%s efore the hearin#. otion da% #enerall% is 5rida%; some courts schedule hearin#s on an% da%. /f %ou are a new law%er, alwa%s as0 the court staff if the court has a specific motion da%. &. ased on the +omnius motion rule, a motion shall include all oections then a$ailale; if not included, the% are deemed wai$ed, e2cept lac0 of urisdiction o$er the suect matter, litis pendentia, res udicata, and prescription. '. /n a motion to reset a hearin# (after the pre-trial conference), the
proper fee must e paid. . otions for postponements due to illness of a part% or counsel must e accompanied % affida$its or sworn certification. 6. *rial law%ers sometimes sa% +talo sa motions, panalo sa 0aso. *he proceedin#s in a court case can sometimes e li0e a roller coaster ride. /n one hearin#, there ma% e #ood results (the ud#e #rants the motion, or the presentation of a witness #oes well). ut in another hearin#, the results ma% e the opposite. *his is one reason wh% law%ers are not allowed % the ethics of the profession to #uarantee to the client the successful outcome of a case. 7. Compared to ci$il cases, there are a lesser numer of pleadin#s in criminal and laor cases. *his is wh% some law%ers prefer handlin# onl% criminal or laor cases.
