Kinds of pleadings and motions in civil cases

Kinds of pleadings (Rules 6, 7 and 8 of the Rules of Court)

1. Complaint - the written statement of a plaintiffs cause of
action; the names and residences of the plaintiff and
defendant must be stated in the complaint.
2. Answer - specific denials of allegations of the complaint,
or a statement of new facts preventing recovery by the
plaintiff
3. Counterclaim - any claim which a defending party may
have against an opposing party (this may either be
compulsory or permissive)
4. Crossclaim - a claim by one party against a co-party
arising out of a transaction or occurrence that is the subject
matter of the original suit, or of a counterclaim
5. Reply - a denial of new matters stated in the answer (if no
reply is filed, the new matters are deemed controverted )
6. Third party complaint - a claim filed by the defendant with
the permission of the court against a person who is not a
party in the lawsuit (called the third party defendant) for
contribution, indemnity, subrogation, etc.

pleadings because the defendants answer does not deny

the allegations in the complaint, except damages (this is not
allowed for legal separation or annulment cases).
5. Motion for summary judgment - made by any party for the
court to render a decision based on the pleadings
(complaint, answer, etc), affidavits, stipulations, and
admissions, in cases like recovery of debts, etc.
Notes:
1. Personal service of the pleading or motion is preferred. If it
is either filed or served through registered mail, it must
contain an explanation why personal service was not
resorted to (Rule 13, Section 11).
2. Service of a motion on an adverse party should generally
be done as to ensure its receipt at least three days before
the hearing. Motion day generally is Friday; some courts
schedule hearings on any day. If you are a new lawyer,
always ask the court staff if the court has a specific motion
day.
3. Based on the omnibus motion rule, a motion shall
include all objections then available; if not included, they are
deemed waived, except lack of jurisdiction over the subject
matter, litis pendentia, res judicata, and prescription.

Kinds of motions (Rules 6, 7 and 8 of the Rules of Court)

1. Motion for bill of particulars - a request by a party for a
clearer and more specific statement of allegations made by
the opposing party, to enable him to prepare his responsive
pleading or to prepare for trial. It must point out defects
complained of and the details desired.
2. Motion to dismiss - a move by the defendant to dismiss
the suit against him based on grounds like the lack of
jurisdiction, no cause of action, etc.
3. Motion for intervention - made by a person who has a
legal interest:
(a) in the matter in litigation;
(b) in the success of either party;
(c) an interest against both; or
(d) who will be adversely affected by distribution or
disposition of property in the custody of the court or an officer
thereof.
4. Motion for judgment on the pleadings - made by the
plaintiff for the court to render a decision based solely on the

4. In a motion to reset a hearing (after the pre-trial

conference), the proper fee must be paid.
5. Motions for postponements due to illness of a party or
counsel must be accompanied by affidavits or sworn
certification.
6. Trial lawyers sometimes say talo sa motions, panalo sa
kaso. The proceedings in a court case can sometimes be
like a roller coaster ride. In one hearing, there may be good
results (the judge grants the motion, or the presentation of a
witness goes well). But in another hearing, the results may
be the opposite. This is one reason why lawyers are not
allowed by the ethics of the profession to guarantee to the
client the successful outcome of a case.
7. Compared to civil cases, there are a lesser number of
pleadings in criminal and labor cases. This is why some
lawyers prefer handling only criminal or labor cases.
Posted by Atty. Gerry T. Galacio