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    Rule 10: Amended and Supplemental Pleadings: When?

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    Hazelmer Fernandez
    This document outlines the rules for filing responsive pleadings according to the Rules of Court. It provides the timelines for filing answers to various types of complaints and pleadings, such as the original complaint, amended complaints, counterclaims, and more. For most pleadings, the general rule is to file an answer within 15 days of being served. There are some exceptions, such as 30 days for a foreign private entity to answer or 10 days to respond to replies, supplemental complaints, or counterclaims/cross-claims arising after the answer. Extensions may be granted by the court.

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    Rule 10: Amended and Supplemental Pleadings: When?

    Uploaded by

    Hazelmer Fernandez
    54 views2 pages
    This document outlines the rules for filing responsive pleadings according to the Rules of Court. It provides the timelines for filing answers to various types of complaints and pleadings, such as the original complaint, amended complaints, counterclaims, and more. For most pleadings, the general rule is to file an answer within 15 days of being served. There are some exceptions, such as 30 days for a foreign private entity to answer or 10 days to respond to replies, supplemental complaints, or counterclaims/cross-claims arising after the answer. Extensions may be granted by the court.

    Original Description:

    Civil Procedure Rule 10 and 11 Summary

    Original Title

    Rule 10 and 11 Summary

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    This document outlines the rules for filing responsive pleadings according to the Rules of Court. It provides the timelines for filing answers to various types of complaints and pleadings, such as the original complaint, amended complaints, counterclaims, and more. For most pleadings, the general rule is to file an answer within 15 days of being served. There are some exceptions, such as 30 days for a foreign private entity to answer or 10 days to respond to replies, supplemental complaints, or counterclaims/cross-claims arising after the answer. Extensions may be granted by the court.

    Copyright:

    © All Rights Reserved
    Download as XLSX, PDF, TXT or read online from Scribd
    Download as xlsx, pdf, or txt
    54 views2 pages

    Rule 10: Amended and Supplemental Pleadings: When?

    Uploaded by

    Hazelmer Fernandez
    This document outlines the rules for filing responsive pleadings according to the Rules of Court. It provides the timelines for filing answers to various types of complaints and pleadings, such as the original complaint, amended complaints, counterclaims, and more. For most pleadings, the general rule is to file an answer within 15 days of being served. There are some exceptions, such as 30 days for a foreign private entity to answer or 10 days to respond to replies, supplemental complaints, or counterclaims/cross-claims arising after the answer. Extensions may be granted by the court.

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    © All Rights Reserved
    Download as XLSX, PDF, TXT or read online from Scribd
    Download as xlsx, pdf, or txt
    of 2

    RULE 10: AMENDED AND SUPPLEMENTAL PLEADINGS

    Amendments as a Matter of Right (Sec.2)


    Before a responsive pleading is served; or in case of a reply, at any time WITHIN TEN (10) DAYS after it is served.

    When?

    RULE 11: WHEN TO FILE RESPONSIVE PLEADINGS


    Answer to Complaint
    (Sec.1)

    Answer of a
    Answer to Amended Complaint
    defendant foreign
    (Sec.3)
    private juridical entity
    (Sec.2)

    Answer to
    Counterclaim or
    Cross-claim (Sec.4)

    Answer to third (fourth,


    etc.)- party complaint
    (Sec.5)

    15 Days AFTER service 30 Days AFTER receipt Amended by plaintiff AS A MATTER WITHIN TEN (10)
    15 Days AFTER service of
    of summons
    of summons BY SUCH OF RIGHT- Defendant shall answer DAYS FROM SERVICE summons (SAME AS SEC
    ENTITY.
    WITHIN FIFTEEN (15) DAYS AFTER
    1)
    being served with the copy.
    Amended by plaintiff NOT AS A
    MATTER OF RIGHT- Defendant
    General Rule:
    shall answer WITHIN TEN (10)
    When to File an
    DAYS FROM notice of the order
    Answer
    admitting the amended complaint
    by the plaintiff.

    Reply (Sec.6)

    Answer to Supplemental
    complaint (Sec.7)

    WITHIN TEN
    WITHIN TEN (10) DAYS from
    (10) DAYS from notice of the order admitting
    the service of the same
    the pleading
    responded to.

    Existing
    Counterclaim or
    Crossclaim (Sec.8)

    Counterclaim or crossclaim arising after


    answer (Sec.9)

    Compulsory
    counterclaim or
    crossclaim existing
    at the time the
    defending party
    files his answer shall
    be contained in the
    same.

    Required: LEAVE OF
    COURT; it can be
    presented as such by a
    SUPPLEMENTAL
    PLEADING BEFORE
    JUDGMENT

    Unless a different
    Unless a different period
    period is fixed by
    is fixed by court
    Exceptions to court
    the General Rule Extension of Time to Plead (Sec.11): Upon motion and on such terms as may be just, the court may extend the time to plead provided in these rules. The court may also, upon like terms, allow an answer or other pleading
    filed AFTER the time fixed by these Rules.

    Notes

    If no new answer is filed, the


    answer to the original
    complaint will serve as the
    answer to the amended
    complaint.

    If no new or
    supplemental answer is
    filed, the answer to the
    complaint shall serve as
    the answer to the
    supplemental complaint.

    Omitted Counterclaim or
    cross-claim (Sec.10)

    Failure to set up
    counterclaim or crossclaim: DUE TO
    OVERSIGHT,
    INADVERTENCE OR
    EXCUSABLE NEGLECT, OR
    WHEN JUSTICE
    REQUIRES.
    Required: LEAVE OF
    COURT; it can be set up
    as such by an
    AMENDMENT BEFORE
    JUDGMENT

    ow an answer or other pleading to be

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