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MCF No. 3.

17
Motion to Substitute Public
Officer

Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

METC/MTCC/MTC/MCTC
RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL


Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
Lifetime
IBP No. Date/Chapter
Compliance
MCL Exemption No
E .
Other Compliances
Counsel for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

MOTION TO SUBSTITUTE A PUBLIC OFFICER


UPON DEATH OR SEPARATION
UNDER RULE 3. 17

1. Counsel for ________________________________,


(name) gives notice
that the named party who is impleaded in an official capacity,
died
resigned
retired
was separated from the service
others ________________________

on ________________ as evidenced by the Certification attached as


an annex.

page 1 of 3
2.
T
(name)
by/against the predecessor namely,
___________________________, who took office on
________________.
This is apparent from the following acts of the successor:
________________________________________________________
________________________________________________________
________________________________________________________.

3. _______ has given his express assent to the substitution as


evidence by the attached _______________.

Use additional sheets, as necessary.

PROOF OF SERVICE
A copy of this Motion was served upon:
Persons Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.

Date Party/Partys Counsel Name and Signature

ORDER

MOTION TO SUBSTITUTE A PUBLIC OFFICER UPON DEATH OR page 2 of 3


SEPARATION
After a review of the Motion, and comment/opposition, reply
the Court notes the ___________________of __________________________________.
(name of predecessor)

The Motion is

granted and the Court orders ____________________________ to substitute the


(name of successor)

predecessor. Henceforth, the caption of this case shall reflect this substitution.

denied because _______________________________________________________


________________________________________________________________________
________________________________________________________________________
_______________________________________________________________________.

There being no express assent of __________________, set the motion for


hearing on ____________________________ .
(date)

Judge Date

SPECIAL INSTRUCTIONS

MOTION TO SUBSTITUTE A PUBLIC OFFICER UPON DEATH OR page 3 of 3


SEPARATION