MCF No. 3.

17
Motion to Substitute Public
Officer

Original – Court, 1st Copy – Plaintiff, 2nd Copy – Defendant, Other copies as needed
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(Municipality/City/Province)

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 RTC

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

COUNSEL OR PARTY WITHOUT COUNSEL

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e
Firm Name
Address
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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 ________________________________, gives notice

(name)

that the named party who is impleaded in an official capacity,

o died
o resigned
o retired
o was separated from the service
o others ________________________

page 1 of 3
on ________________ as evidenced by the Certification attached as
an annex.

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:
Person’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 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.

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

OR SEPARATION
 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 page 3 of 3

OR SEPARATION