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Kinds of Motions

This document discusses different types of motions in court proceedings, including motions for bill of particulars, motions to dismiss, motions for intervention, motions for judgment on the pleadings, and motions for summary judgment. It also provides notes on proper service and filing of motions, as well as tips for motion practice such as paying required fees and including all objections in an omnibus motion to avoid waiver. The document advises that the outcome of motion hearings can be unpredictable and impact the overall case, similar to a roller coaster ride.

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Czar Ian Agbayani
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326 views2 pages

Kinds of Motions

This document discusses different types of motions in court proceedings, including motions for bill of particulars, motions to dismiss, motions for intervention, motions for judgment on the pleadings, and motions for summary judgment. It also provides notes on proper service and filing of motions, as well as tips for motion practice such as paying required fees and including all objections in an omnibus motion to avoid waiver. The document advises that the outcome of motion hearings can be unpredictable and impact the overall case, similar to a roller coaster ride.

Uploaded by

Czar Ian Agbayani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Kinds of motions (Rules 6, 7 and 8 of the Rules of Court)

1. Motion for bill of particulars - a request by a party for a clearer and more
specific statement of allegations made by the opposing party, to enable him
to prepare his responsive pleading or to prepare for trial. It must point out
defects complained of and the details desired.
2. Motion to dismiss - a move by the defendant to dismiss the suit against
him based on grounds like the lack of jurisdiction, no cause of action, etc.
3. Motion for intervention - made by a person who has a legal interest:
(a) in the matter in litigation;
(b) in the success of either party;
(c) an interest against both; or
(d) who will be adversely affected by distribution or disposition of property in
the custody of the court or an officer thereof.
4. Motion for judgment on the pleadings - made by the plaintiff for the court
to render a decision based solely on the pleadings because the defendants
answer does not deny the allegations in the complaint, except damages (this
is not allowed for legal separation or annulment cases).
5. Motion for summary judgment - made by any party for the court to render
a decision based on the pleadings (complaint, answer, etc), affidavits,
stipulations, and admissions, in cases like recovery of debts, etc.
Notes:
1. Personal service of the pleading or motion is preferred. If it is either filed
or served through registered mail, it must contain an explanation why
personal service was not resorted to (Rule 13, Section 11).
2. Service of a motion on an adverse party should generally be done as to
ensure its receipt at least three days before the hearing. Motion day
generally is Friday; some courts schedule hearings on any day. If you are a
new lawyer, always ask the court staff if the court has a specific motion day.
3. Based on the omnibus motion rule, a motion shall include all objections
then available; if not included, they are deemed waived, except lack of
jurisdiction over the subject matter, litis pendentia, res judicata, and
prescription.

4. In a motion to reset a hearing (after the pre-trial conference), the proper


fee must be paid.
5. Motions for postponements due to illness of a party or counsel must be
accompanied by affidavits or sworn certification.
6. Trial lawyers sometimes say talo sa motions, panalo sa kaso. The
proceedings in a court case can sometimes be like a roller coaster ride. In
one hearing, there may be good results (the judge grants the motion, or the
presentation of a witness goes well). But in another hearing, the results may
be the opposite. This is one reason why lawyers are not allowed by the ethics
of the profession to guarantee to the client the successful outcome of a case.
7. Compared to civil cases, there are a lesser number of pleadings in criminal
and labor cases. This is why some lawyers prefer handling only criminal or
labor cases.

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