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CBF 9.

3
Motion to Declare in Default

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 DECLARE IN DEFAULT


UNDER RULE 9.3

________________________________________________________
(name)

moves that the defendant/s __________________________________


(name/s)

be declared in default for failure to file an answer within the time


allowed therefor.

Summons was served on the defendant/s on ________________


(date) as shown
by the Officers Return dated ____________,
(date) but:

to date, no answer or other responsive pleading has been filed.


the answer was filed beyond the period fixed by the Rules and
by this Court for its submission.

MOTION TO DECLARE IN DEFAULT page 1 of 3


CBF 9.3
Motion to Declare in Default

NOTICE AND COPY FURNISHED TO:

________________________________
________________________________
(Name and address of Adverse Party/Counsel)

GREETINGS:

Please take notice that the foregoing motion will be submitted


for the consideration of the Court on ________________________.

__________________________
Signature of Counsel

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
After a review of the Comment Reply, the Motion is
granted. The following defendant/s is/are declared in default for failure to file an
answer within the time allowed therefor: ________________________________
___________________________________________________________________
___________________________________________________________________
___________________________________________________________________
Use additional sheets, if necessary.
Defendant/s shall not be entitled to participate further in these proceedings but shall
be entitled to continued notices.
The case is submitted for decision.
Set the case for ex parte presentation of evidence on ________________
(date) at
__________________________
(address) when the court can examine the witnesses.
The movant is directed to submit judicial affidavits of witnesses with their

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CBF 9.3
Motion to Declare in Default

supporting documents duly marked at least five days before the ex parte
hearing; or
As there is a common cause of action against all defending parties, the Case
shall proceed against them upon the Answer/s thus filed; or
As there is no common cause of action against all defending parties, the Case
shall proceed against the non-defaulting parties upon the Answer/s thus filed.
denied.
Summons was not properly served. The Branch Clerk of Court is directed to
issue alias summons.
Motion is premature. Defendant/s _________________________________
(name/s)

has/have until ________________


(date) to file an answer.

SPECIAL INSTRUCTIONS

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