MCF No. 2.

6
Motion to Sever Misjoined
Cause of Action

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.
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(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 SEVER MISJOINED CAUSE OF ACTION

UNDER RULE 2.6

_________________________ request/s that the misjoined cause/s of

(name)

action as stated below be severed from this action:

1. The  complaint  cross-claim  third (fourth, fifth, etc.)

-party complaint contains the following misjoined cause/s of action:
________________________________________________________
________________________________________________________
________________________________________________________
(quote misjoined cause of action)

asserted in paragraphs ______________________________________

________________________________________________________.

page 1 of 2
 2. The said cause/s of action is/are misjoined in this action and
should be severed.

3. Movant reserves the right to proceed with the stated cause/s of

action in a separate action.

PROOF OF SERVICE
A copy of this Motion was served upon:
Party/Counsel’s 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/Party’s Counsel Name and Signature

ORDER

After a review of the Motion and comment/opposition and reply, the Motion is
 granted. The cause of action pleaded in paragraph/s _____________________ of
(paragraph)

______________________ is/are severed without prejudice.

(name of pleading)

 denied.
 Set for hearing on _________________.
(date)

__________________________ _______________________
Judge Date

SPECIAL INSTRUCTIONS

MOTION TO SEVER MISJOINED CAUSE OF ACTION page 2 of 2