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MCF No. 30.

2
Motion to Postpone

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


Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
IBP No. Lifetime
Date/Chapter

MCLE Compliance
Exemption No.
Other Compliances
Counsel for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

MOTION TO POSTPONE
UNDER RULE 30.2

_____________ moves to postpone the ______________ set on


(party) (incident)

_____________ because of:


(date)

 absence of evidence, as shown by the attached affidavit


showing materiality or relevancy, and that due diligence has
been used to procure it.
 illness of :
 party (name)

 counsel (name)

 witness (name)

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 others (name)

as evidenced by the attached ☐ affidavit ☐ sworn


certification, that the character of the illness is such as to render
non-attendance excusable.

 other justifiable reason ________________________________.


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, the Motion is

 granted. The __________ is reset to ______________.


(incident) (date and time)

 denied.

Judge Date

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SPECIAL INSTRUCTIONS

ADJOURNMENTS AND POSTPONEMENTS


A court may adjourn a trial from day to day, and to any stated time, as the expeditious
and convenient transaction of business may require, but shall have no power to adjourn a
trial for a longer period than one month for each adjournment nor more than three months
in all, except when authorized in writing by the Court Administrator, Supreme
Court. (Rule 30.2)

REQUISITES OF MOTION TO POSTPONE TRIAL FOR ABSENCE OF EVIDENCE


A motion to postpone a trial on the ground of absence of evidence can be granted only
upon affidavit showing the materiality or relevancy of such evidence, and that due
diligence has been used to procure it. But if the adverse party admits the facts to be given
in evidence, even if he objects or reserves the right to object to their admissibility, the
trial shall not be postponed. (Rule 30.3)

POSTPONING TRIAL FOR ILLNESS OF PARTY OR COUNSEL


A motion to postpone a trial on the ground of illness of a party or counsel may be granted
if it appears upon affidavit or sworn certification that the presence of such party or
counsel at the trial is indispensable and that the character of his illness is such as to
render his non-attendance excusable. (Rule 30.4)

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