Rule 15 Sec.

4 Hearing of a motion

Except for motions which the court may act upon without prejudicing the rights of the adverse party,
every written motion shall be set for hearing by the applicant.

Every written motion required to be heard and the notice of the hearing thereof shall be served in
such a manner as to ensure its receipt by the other party at least three (3) days before the date of
hearing, unless the court for good cause sets the hearing on shorter notice.

Rule 16 Section 1 grounds(motion to dismiss)

Section 1. Grounds.

Within the time for but before filing the answer to the complaint or pleading asserting a claim, a
motion to dismiss may be made on any of the following grounds:

(a) That the court has no jurisdiction over the person of the defending party;

(b) That the court has no jurisdiction over the subject matter of the claim;

(c) That venue is improperly laid;

(d) That the plaintiff has no legal capacity to sue;

(e) That there is another action pending between the same parties for the same cause;

(f) That the cause of action is barred by a prior judgment or by the statute of limitations;

(g) That the pleading asserting the claim states no cause of action;

(h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or
otherwise extinguished;

(i) That the claim on which the action is founded is unenforceable under the provisions of the statute
of frauds; and

(j) That a condition precedent for filing the claim has not been complied with.
Sec. 4. Time to plead.

If the motion is denied, the movant shall file his answer within the balance of the period prescribed by
Rule 11 to which he was entitled at the time of serving his motion, but not less than five (5) days in
any event, computed from his receipt of the notice of the denial. If the pleading is ordered to be
amended, he shall file his answer within the period prescribed by Rule 11 counted from service of the
amended pleading, unless the court provides a longer period.

RULE 17

DISMISSAL OF ACTIONS

Section 1. Dismissal upon notice by plaintiff.

A complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service
of the answer or of a motion for summary judgment. Upon such notice being filed, the court shall
issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without
prejudice, except that a notice operates as an adjudication upon the merits when filed by a plaintiff
who has once dismissed in a competent court an action based on or including the same claim.

Sec. 2. Dismissal upon motion of plaintiff.

Except as provided in the preceding section, a complaint shall not be dismissed at the plaintiff's
instance save upon approval of the court and upon such terms and conditions as the court deems
proper. If a counterclaim has been pleaded by a defendant prior to the service upon him of the
plaintiff's motion for dismissal, the dismissal shall be limited to the complaint. The dismissal shall be
without prejudice to the right of the defendant to prosecute his counterclaim in a separate action
unless within fifteen (15) days from notice of the motion he manifests his preference to have his
counterclaim resolved in the same action. Unless otherwise specified in the order, a dismissal under
this paragraph shall be without prejudice. A class suit shall not be dismissed or compromised without
the approval of the court.

Sec. 3. Dismissal due to fault of plaintiff.

If, for no justifiable cause, the plaintiff fails to appear on the date of the presentation of his evidence
in chief on the complaint, or to prosecute his action for an unreasonable length of time, or to comply
with these Rules or any order of the court, the complaint may be dismissed upon motion of the
defendant or upon the court's own motion, without prejudice to the right of the defendant to
prosecute his counterclaim in the same or in a separate action. This dismissal shall have the effect of
an adjudication upon the merits, unless otherwise declared by the court.