Judgment not yet final and

executory

C O U R T
DECISION
P presents
evidence

Answer

Complaint
(Upon Plaintiff)

If D fails to file an
answer within
days

Plaintiff files a motion to

declare Defendant in default

If D learns about
the case only
AFTER the court
decision

Order granting default

D may file
motion to
set aside
order of the
court

The ff may be filed within the 15

day period:

Motion for Entry of Appearance

Motion for Bill of Particulars
Motion to Dismiss

Accident
Mistake
Excusable Neglect
Remedy of D is
Petition for Relief
under Rule 38

Judgment has become final and

executory

D may oppose
the motion;

Motion for Extension of Time

If this period has

lapsed & it is only
then that D
d i s c o v e re d t h e
case

Fraud

D may file
motion to
set aside
order of the
court

15 days

Summons

Within 15 days
from receipt of
decision, D may
file a motion for
new trial based on
FAMEN (Rule 37)

In all of these remedies, D must

have an affidavit of merit. (show
that he has a meritorious defense)