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Rule 39 Execution

The document outlines the civil procedure map for preparing and litigating a case in court. It begins with determining jurisdiction, venue and other preliminary matters. It then details the process from filing a complaint through various motions and responses, presenting evidence at trial, reaching a judgment, and potential post-judgment remedies and appeals. Discovery and provisional remedies are also noted. The map provides a high-level overview of the steps in a civil case from initiation to final resolution.

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Roger Montero Jr.
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178 views1 page

Rule 39 Execution

The document outlines the civil procedure map for preparing and litigating a case in court. It begins with determining jurisdiction, venue and other preliminary matters. It then details the process from filing a complaint through various motions and responses, presenting evidence at trial, reaching a judgment, and potential post-judgment remedies and appeals. Discovery and provisional remedies are also noted. The map provides a high-level overview of the steps in a civil case from initiation to final resolution.

Uploaded by

Roger Montero Jr.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CIV PRO MAP

PREPARATION – Determine:
 Cause of Action
 Jurisdiction
 Venue
Modes of Discovery (Rules 23  Statute of Limitations Provisional Remedies
to 29)  Real Parties in Interest (Rules 57 to 61)
 Conditions Precedent
(e.g. Katarungang Pambarangay)

Complaint (Sec. 3, Rule 6)

Notice of Dismissal (Sec. 1, Rule 16)


Amendment of Complaint
(Sec. 2, Rule 10) Interpleader (Rule 62)

Summons (Rule 14)

Motion to Dismiss (Rule 16)

Motion for Bill of


Motion to Declare Defendant in
Particulars (Rule 12)
Default (Sec. 3, Par. 1, Rule 9)
Answer (Sec. 4, Rule 6) Counterclaims, Cross-claims

Cross-claims (among plaintiffs)


Third, fourth, etc. party Answer to Cross-
complaint (Sec. 11, Rule claims
Answer to Cross-claims 6)
Third, fourth, etc. party
Intervention (Rule 19)
Order of Default Answer (Sec. 13, Rule 6)
(Sec. 3, Rule 9) Amendment of Complaint
with leave (Sec. 3, Rule Motion to Dismiss by the
10) plaintiff (Sec. 2, Rule 17)

Motion for Judgment on


Pleadings (Rule 34)
Reply (Sec. 10, Rule 6)
Motion to Set Aside
Order of Default
(Sec. 4, Rule 6) Pre-Trial (Rule 18)

Presentation of Plaintiff’s
Ex Presentation of Plaintiff’s Evidence (Rule 30)
Evidence (Sec. 3, Par. 1 (b), Rule 9; Demurrer to Evidence
Rule 30) (Rule 33)
Presentation of Defendant’s
Evidence (Rule 30)

Judgment (Rule 34, 36)

MR (Rule 37)

Motion for New Trial (Rule 37)

Judgment becomes final and Appeal


Petition for Relief of Judgment executory
(Rule 38)
Certiorari (Rule 65)

Collateral Attack vs. Judgment Execution (Rule 39)

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