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Stage of Civil Cases Period Responsible Person Requirements Effects Other Notes

The document outlines the stages of a civil case, including the preparation and filing of a complaint, requirements for each stage, responsible parties, and effects. It notes that a complaint must meet various requirements to be filed within the statute of limitations period. The stages also include notice of dismissal by the plaintiff, amendment by the plaintiff, and service of summons.

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Dennis Cosmod
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86 views2 pages

Stage of Civil Cases Period Responsible Person Requirements Effects Other Notes

The document outlines the stages of a civil case, including the preparation and filing of a complaint, requirements for each stage, responsible parties, and effects. It notes that a complaint must meet various requirements to be filed within the statute of limitations period. The stages also include notice of dismissal by the plaintiff, amendment by the plaintiff, and service of summons.

Uploaded by

Dennis Cosmod
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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STAGE OF RESPONSIBLE

PERIOD REQUIREMENTS EFFECTS OTHER NOTES


CIVIL CASES PERSON
Preparation of Must be Aggrieved The complaint must: Complaint is just one of the
Complaint within the party A. (RULE 7) As to form, it must: many kinds of pleadings.
period to file 1. names and addresses of the plaintiff and Pleadings are written
the action defendants statements of the respective
2. caption; claims and defenses of the
3. title; parties submitted to the
4. body; court for appropriate
5. certification of non-forum shopping; and judgment. These are
6. verification. Verification must contain the classified into: (1) claims of a
MCLE, Roll and IBP Number of the lawyer party-Complaint,
B. It must contain a cause of action. Counterclaim, Crossclaim,
C. The action must have not prescribed. Third-party Complaint and
D. It must have complied with conditions Complaint-in-intervention (2)
precendent. defenses-Answer, Reply,
E. It must have not been paid, waived, abandoned Answer-in-Intervention
or otherwise extinguished
F. The person filing must have capacity to sue
G. There must no other action pending between the
same parties for the same cause
H. The cause of action is not barred by prior
judgment or by statute of limitations
I. The claim on which the action is founded is not
unenforceable under the provisions of the statute
of frauds.
Filing of the Must be Aggrieved A. The court where the case will be filed must have a
Complaint within the party jurisdiction of the subject of the case.
period to file B. The venue must be properly laid.
the case C. The party filing must pay the required docket fees
within reasonable time but before prescription.
Notice of After filing of Plaintiff or If done before the As a general rule, an action
Dismissal by complaint aggrieved answer of the when
Plaintiff party defendant, matter of
right but if done after
the answer, matter of
court discretion
Amendment After filing of Plaintiff or If before any
by plaintiff the complaint aggrieved responsive pleading is
party served, matter of right
but if after such
responsive pleading, a
matter of court
discretion
Service of
Summons

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