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  • V. Filing in General

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    Razz Von Patting
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    This document discusses various aspects of filing pleadings and motions in court cases. It begins by defining filing and listing the typical pleadings that can be filed in addition to a complaint and answer, such as counterclaims, cross claims, and third party complaints. It also discusses the requirements for declaring a defendant in default if they fail to file an answer, the effects of a default declaration, and how to set aside a default order. The document further addresses different filing methods, preferences among methods, electronic filing availability, and effects of failing to file items like pre-trial briefs or position papers.

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    Civ Pro

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    V.-Filing-in-General

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    This document discusses various aspects of filing pleadings and motions in court cases. It begins by defining filing and listing the typical pleadings that can be filed in addition to a complaint and answer, such as counterclaims, cross claims, and third party complaints. It also discusses the requirements for declaring a defendant in default if they fail to file an answer, the effects of a default declaration, and how to set aside a default order. The document further addresses different filing methods, preferences among methods, electronic filing availability, and effects of failing to file items like pre-trial briefs or position papers.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    12 views1 page

    V. Filing in General

    Uploaded by

    Razz Von Patting
    This document discusses various aspects of filing pleadings and motions in court cases. It begins by defining filing and listing the typical pleadings that can be filed in addition to a complaint and answer, such as counterclaims, cross claims, and third party complaints. It also discusses the requirements for declaring a defendant in default if they fail to file an answer, the effects of a default declaration, and how to set aside a default order. The document further addresses different filing methods, preferences among methods, electronic filing availability, and effects of failing to file items like pre-trial briefs or position papers.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    V: FILING IN GENERAL b.2.

    What is the philosophy


    underlying the Doctrine of
    1. What is filing? Default? (Momarco Import
    Company Inc. vs. Felicidad
    2. Aside from the complaint and the Villamena G.R. No. 192477 July
    answer, what other pleadings may be 27, 2016)
    filed? (Rule 6) b.3. What are the requirements
    before a defendant may be
    a. What is a counterclaim? declared in default? (Manuel vs.
    b. What is a cross claim? Ong)
    c. What is third party b.4. What is the effect of a
    complaint? declaration of default?
    d. Which of these pleadings (
    must be filed with leave of b.5. What are the remedies of a
    court? party who has been declared in
    default? (Robert Otero vs.
    3. How are the Answer and other Roger Tan G.R. 200134 August
    subsequent pleadings and motions 15, 2012)
    filed? (Rule 13) b.6. What are the requirements
    4. What are the different modes of before an Order of Default may
    filing and the corresponding proofs be set aside? (Manuel vs. Ong)
    thereof? b.6. What are the grounds for
    5. What is the order of preference appeal in case of default?
    among the modes of filing? (Robert Otero vs. Roger Tan)
    6. When may electronic filing be
    availed of? c. What is the effect of the non-
    7. May a pleading be filed through filing of a pre-trial brief?
    ordinary mail? d. What is the effect of the non-
    8. Why must a judgment be filed? filing of position papers as
    By whom and to whom must the required by the Rule on
    judgment be filed? Summary Procedure and Rule
    70 of the Rules of Court?
    9. Non-filing

    a. Give three instances when a


    pleading or motion is deemed
    not filed even if it is submitted to
    the Court .
    b. Effect if Answer is not filed:
    Default (Rule 9)
    b.1. What is the Doctrine of
    Default?
    Page 1 of 1

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