Rule 15 Motions
Rule 15 Motions
Rule 15 Motions
MOTIONS
When a motion is based on facts not appearing on record, the court may hear the
matter on affidavits or depositions presented by the respective parties, but the
court may direct that the matter be heard wholly or partly on oral testimony or
depositions.
Section 4. Non-litigious motions. — Motions which the court may act upon
without prejudicing the rights of adverse parties are non-litigious motions. These
motions include:
g) Motion for the issuance of an order directing the sheriff to execute the
final certificate of sale; and
These motions shall not be set for hearing and shall be resolved by the court
within five (5) calendar days from receipt thereof. (n)
Section 5. Litigious motions. — (a) Litigious motions include:
2. Motion to dismiss;
(c) The opposing party shall file his or her opposition to a litigious motion
within five (5) calendar days from receipt thereof. No other submissions
shall be considered by the court in the resolution of the motion.
The motion shall be resolved by the court within fifteen (15) calendar days from
its receipt of the opposition thereto, or upon expiration of the period to file such
opposition. (n)
Section 8. Motion day. — Except for motions requiring immediate action, where
the court decides to conduct hearing on a litigious motion, the same shall be set
on a Friday. (7)
Section 10. Motion for leave. — A motion for leave to file a pleading or motion
shall be accompanied by the pleading or motion sought to be
admitted.ℒαwρhi৷ (9)
Section 11. Form. — The Rules applicable to pleadings shall apply to written
motions so far as concerns caption, designation, signature, and other matters of
form. (10)
Section 12. Prohibited motions. — The following motions shall not be allowed:
1) That the court has no jurisdiction over the subject matter of the
claim;
2) That there is another action pending between the same parties for
the same cause; and
(f) Motion for postponement intended for delay, except if it is based on acts
of God, force majeure or physical inability of the witness to appear and
testify. If the motion is granted based on such exceptions, the moving party
shall be warned that the presentation of its evidence must still be
terminated on the dates previously agreed upon.
Section 13. Dismissal with prejudice. — Subject to the right of appeal, an order
granting a motion to dismiss or an affirmative defense that the cause of action is
barred by a prior judgment or by the statute of limitations; that the claim or
demand set forth in the plaintiffs pleading has been paid, waived, abandoned or
otherwise extinguished; or that the claim on which the action is founded is
unenforceable under the provisions of the statute of frauds, shall bar the refiling
of the same action or claim. (5, R16)