MCF No. 3.

18
Motion to Continue Action due to
Incompetence/Incapacity of Party

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 CONTINUE ACTION BY OR AGAINST THE

LEGAL REPRESENTATIVE OF A PARTY WHO BECOMES
INCOMPETENT OR INCAPACITATED
UNDER RULE 3. 18

______________________________________________________
(name)

moves to be allowed to continue this action on behalf of

___________________________
(name of party) and states:

 plaintiff
has become
1. The  defendant
 other ________________________
 incompetent
because ________________________________
 incapacitated

page 1 of 3
 ______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
(Indicate reason for incompetence or incapacity)

Use additional sheets, as necessary.

 Judicial affidavit/s supporting the allegations of

incompetence or incapacity is/are attached as annex/es.
 Document/s evidencing such incompetence or incapacity
is/are attached as annex/es.

2. Such party needs to be represented by the legal guardian/

guardian ad litem
____________________________________,
(name) whose authority is
evidenced by the attached
 Court Order
 Other ____________________________________________
(indicate name of document)

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,   reply
the Motion is
 granted. The movant is allowed to continue the action on behalf of
__________________________________.
(name)

 denied.
 set for hearing on ____________________________ .
(date)

MOTION TO CONTINUE ACTION BY OR AGAINST THE LEGAL page 2 of 3

REPRESENTATIVE OF A PARTY WHO BECOMES INCOMPETENT
OR INCAPACITATED
 Judge Date

SPECIAL INSTRUCTIONS

MOTION TO CONTINUE ACTION BY OR AGAINST THE LEGAL page 3 of 3

REPRESENTATIVE OF A PARTY WHO BECOMES INCOMPETENT
OR INCAPACITATED