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Flowchart of Summary Procedure in Civil Cases PDF

The summary procedure in civil cases involves a plaintiff filing a verified complaint with the court. The court may then summon the defendant, who has 10 days to file an answer incorporating any compulsory counterclaims or crossclaims. Both parties then have 10 days to respond to any counterclaims or crossclaims. The court will hold a preliminary conference within 30 days of the last answer being filed, and then issue a record of the conference within 5 days. The court may dismiss the case if the defendant fails to answer or if the plaintiff fails to appear at the preliminary conference. Judgment is rendered within 30 days of receiving the last affidavit or clarification paper from the parties.

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3K views

Flowchart of Summary Procedure in Civil Cases PDF

The summary procedure in civil cases involves a plaintiff filing a verified complaint with the court. The court may then summon the defendant, who has 10 days to file an answer incorporating any compulsory counterclaims or crossclaims. Both parties then have 10 days to respond to any counterclaims or crossclaims. The court will hold a preliminary conference within 30 days of the last answer being filed, and then issue a record of the conference within 5 days. The court may dismiss the case if the defendant fails to answer or if the plaintiff fails to appear at the preliminary conference. Judgment is rendered within 30 days of receiving the last affidavit or clarification paper from the parties.

Uploaded by

donyacarlotta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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Summary Procedure in Civil Cases

Filing of verified complaint


with the MTC

Court may summon


the defendant

Within 10 days from receipt of


summons defendant answers
incorporating
compulsory
counterclaims or crossclaim
and serves a copy on plaintiff

Answer to counterclaim or
crossclaim within 10 days

Preliminary
conference
within 30 days after last
answer is filed

Within 5 days after


conference, court issues
record of preliminary
conference

Court may dismiss


the case outright

If defendant fails to answer


in 10 days- the court motu
propior on plaintiffs own
motion,
may
render
judgment based on facts
alleged in the complaint
without prejudice to Rule 9
Section 3(c)

If the plaintiff fails to appear in


preliminary conference, complaint
may be dismissed. Defendant entitle to
decision based on his counterclaim. All
crossclaim dismissed

If sole defendant fails to appear,


plaintiff entitled to judgment based on
complaint and what is proved therein

Within 10 days from


receipt
of
order
submission by the parties
of affidavits and position
papers

Rendition of judgment
within 30 days from
receipt of last affidavit or
within 15 days after last
clarification paper

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