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  • The Basics of Civil Litigation Process (Summary) : ND Answer Made

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    Raquel Basabas
    136 vizualizări3 pagini
    The civil litigation process begins with the preparation and filing of a complaint. The defendant is then served with a summons by the clerk of court. The defendant must respond by filing an answer, motion to dismiss, or allow a default judgment by not answering. Various pre-trial procedures such as discovery may take place before trial. At trial, the plaintiff presents evidence to support their claim and then rests their case. The defendant then has the option to present their own evidence or file a demurrer to the evidence. The judge will then render a judgment. Post-judgment remedies are available if a party disagrees with the judgment.

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    The civil litigation process begins with the preparation and filing of a complaint. The defendant is then served with a summons by the clerk of court. The defendant must respond by filing an answer, motion to dismiss, or allow a default judgment by not answering. Various pre-trial procedures such as discovery may take place before trial. At trial, the plaintiff presents evidence to support their claim and then rests their case. The defendant then has the option to present their own evidence or file a demurrer to the evidence. The judge will then render a judgment. Post-judgment remedies are available if a party disagrees with the judgment.

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    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    136 vizualizări3 pagini

    The Basics of Civil Litigation Process (Summary) : ND Answer Made

    Încărcat de

    Raquel Basabas
    The civil litigation process begins with the preparation and filing of a complaint. The defendant is then served with a summons by the clerk of court. The defendant must respond by filing an answer, motion to dismiss, or allow a default judgment by not answering. Various pre-trial procedures such as discovery may take place before trial. At trial, the plaintiff presents evidence to support their claim and then rests their case. The defendant then has the option to present their own evidence or file a demurrer to the evidence. The judge will then render a judgment. Post-judgment remedies are available if a party disagrees with the judgment.

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    © All Rights Reserved
    Descărcați ca DOCX, PDF, TXT sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 3

    THE BASICS OF CIVIL LITIGATION PROCESS (SUMMARY)

    -No cause of action


    Nd answer made
    Preparation of -Wrong jurisdiction (motu proprio)
    Complaint -Wrong venue (upon motion)
    -Prescribed
    -Non-compliance with condition precedent
    Dismissal
    -No signed
    -Forum shopping (upon motion)

    Non-payment of docket fees within the


    reasonable time BUT before prescription- Dismissal
    no jurisdiction
    Filing of
    Complaint Dismissal by plaintiff
    Before Answer-matter of right Dismissal
    After Answer – court discretion

    Amendment by plaintiff
    Before responsive pleading is served-
    matter of right
    After responsive pleading is served- court
    discretion

    Service of Defendant’s options:


    summons by 1. Answer
    the Clerk of 2. Motion for Bill of Particulars if
    Court complaint is ambiguous
    3. Motion to Dismiss (MtD)
    4. Does not Answer (Judgment by
    default
    No ground for MtD
    or denied by Court
    Complaint in intervention: Stranger
    asserts a claim against one or all of the
    parties

    Answer by defendant
    No answer made Judgment by default

    No answer made Admission of claim

    No denial. No triable issue Judgment based on pleadings

    Issue does not cover material fact


    Summary Judgment

    Counterclaim to plaintiff
    Reply by Plaintiff
    Cross claim to co-defendant

    3rd party complainant to a stranger Purpose: contribution,


    indemnity, subrogation, other
    relief

    Answer-in-intervention: Stranger
    unites with the defendant in resisting a
    claim by plaintiff

    After last pleading has been


    served and filed

    Pre-Trial Modes of Discovery

    (Mandatory)
    Alternative modes of dispute
    resolution

    No settlement or
    compromise
    Defendant then: Demurrer to evidence:
     Presents
    own; or Denied – may still
    Present evidence by plaintiff.
    Trial  Demurrer present evidence
    Then rests.
    to evidence Granted – denied on
    appeal – waives right to
    present evidence

    Judgement
    Before judgment -Motion for Reconsideration
    becomes final and - Motion for New Trial
    executory -Appeal
    Post Judgment
    Remedies
    After judgment -Petition for Relief
    becomes final and - Action to annul judgment
    executory - Certiorari (R65)

    Execution Judgment becomes final and executory

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