The document discusses various questions regarding procedures in civil litigation in the Philippines, including questions about filing answers, pre-trial procedures, motions, amendments to pleadings, service of summons, default judgments, and contesting actionable documents. Specifically, it asks about the timeline for filing an answer, remedies if pleadings lack particularity or defenses are not raised, pre-trial brief requirements, the omnibus motion rule, amendments as of right vs requiring leave of court, prohibited vs permitted motions, serving summons on individuals temporarily abroad or with unknown locations, dismissing complaints, specific denial of allegations, voluntary dismissal by plaintiff, remedies if the other party fails to meet deadlines, required filed documents, setting aside default judgments, effects of
The document discusses various questions regarding procedures in civil litigation in the Philippines, including questions about filing answers, pre-trial procedures, motions, amendments to pleadings, service of summons, default judgments, and contesting actionable documents. Specifically, it asks about the timeline for filing an answer, remedies if pleadings lack particularity or defenses are not raised, pre-trial brief requirements, the omnibus motion rule, amendments as of right vs requiring leave of court, prohibited vs permitted motions, serving summons on individuals temporarily abroad or with unknown locations, dismissing complaints, specific denial of allegations, voluntary dismissal by plaintiff, remedies if the other party fails to meet deadlines, required filed documents, setting aside default judgments, effects of
The document discusses various questions regarding procedures in civil litigation in the Philippines, including questions about filing answers, pre-trial procedures, motions, amendments to pleadings, service of summons, default judgments, and contesting actionable documents. Specifically, it asks about the timeline for filing an answer, remedies if pleadings lack particularity or defenses are not raised, pre-trial brief requirements, the omnibus motion rule, amendments as of right vs requiring leave of court, prohibited vs permitted motions, serving summons on individuals temporarily abroad or with unknown locations, dismissing complaints, specific denial of allegations, voluntary dismissal by plaintiff, remedies if the other party fails to meet deadlines, required filed documents, setting aside default judgments, effects of
1. When should the defendant file his answer to the complaint?
Can the defendant ask for
additional time to file his answer? 2. What is the extent of relief to be awarded should judgment be rendered in case of default? 3. What is the remedy of the defendant when the allegations in the complaint are not averred with sufficient particularity? Explain. 4. Why should defenses and objections be pleaded in the answer? 5. When should the pre-trial brief be filed? What is the effect of failure to file a pre-trial brief on time? 6. What is the Omnibus Motion Rule? 7. When is an amendment considered a matter of right? 8. Enumerate prohibited motions 9. Enumerate litigious motions 10. Enumerate non-litigious motions 11. How can the sheriff serve the summons to a Filipino who is temporarily out of the Philippines? 12. What kind of amendment requires leave of court? When should it be refused? 13. How should service of summons be affected upon a defendant whose identity or whereabouts are unknown? 14. When should the court dismiss the complaint due to fault of plaintiff? 15. Why should the defendant specifically deny each material allegation in the complaint? 16. When is dismissal upon notice by a plaintiff allowed? 17. What are the requisites before dismissal upon motion of the plaintiff is allowed? 18. What is the remedy of the plaintiff should the defendant fail to file his answer on time? 19. Enumerate the papers required to be filed and served 20. What is the remedy of the defendant if he is declared in default? 21. What is the effect of amended pleadings? 22. What is the effect of failure to appear during pre-trial? 23. How should service of summons be affected upon a domestic corporation? 24. How do you contest an actionable document? 25. What is the nature and purpose of pre-trial? 26. Enumerate affirmative defenses which the court must motu proprio resolve within 30 calendar days from the filing of the answer. 27. Enumerate the four modes of filing of pleadings. 28. In what actions are judgments by default not allowed? 29. When is extraterritorial service of summons allowed? 30. Enumerate the requisites for a valid substituted service of summons 31. Who can validly serve the summons?