Legal Forms

Resh Paola Jusguan

2nd Round Report

Summons

What is the legal definition of summons?  Legally,

a summons is a legal document issued by a court (a judicial summons) or by an administrative agency of government (an administrative summons) for various purposes.  It is an official order requiring a person to attend court, either to answer a charge or to give evidence, or the writ making such an order.

Governing Law  Summons

are Governed by Rule 14 of the 1997 Rules of Civil Procedure

Contents of a Summons  Section

2. Contents. — The summons shall be directed to the defendant, signed by the clerk of court under seal and contain (a) the name of the court and the names of the parties to the action; (b) a direction that the defendant answer within the time fixed by these Rules; (c) a notice that unless the defendant so answers plaintiff will take judgment by default and may be granted the relief applied for.

(a) the name of the court and the names of the parties to the action

(b) a direction that the defendant answer within the time fixed by these Rules;

(c) a notice that unless the defendant so answers plaintiff will take judgment by default and may be granted the relief applied for.

Answer to Negative and Affirmative Defenses and Counterclaim

Basically  ANSWER:

In a civil case, an answer is the defendant's written response to the plaintiff's complaint. An answer is generally required to be filed within twenty to thirty days of Service of Process of the complaint upon the defendant.

 AFFIRMATIVE

DEFENSES: An Affirmative Defense is generally part of an answer to a charge or complaint in which a defendant takes the offense and responds to the allegations with his own charges against the plaintiff for the plaintiff’s perceived wrongdoing.

 COUNTERCLAIM:

A counterclaim is defined as a retaliatory counter demand or claim by the defendant against the plaintiff included in the defendant's answer and intending to setoff and/or reduce the amount of the plaintiff's original claim against the defendant It is not merely an answer or denial of the plaintiff's allegation, but asserts a separate and independent cause of action in favor of the defendant against the plaintiff.

If Copy Furnished Through Personal Service You will need to include a Proof of Service

Section6, Rule 13, 1997 Rules of Civil Procedure  Section

6. Personal service. — Service of the papers may be made by delivering personally a copy to the party or his counsel, or by leaving it in his office with his clerk or with a person having charge thereof. If no person is found in his office, or his office is not known, or he has no office, then by leaving the copy, between the hours of eight in the morning and six in the evening, at the party's or counsel's residence, if known, with a person of sufficient age and discretion then residing therein. (4a)

Section13, Rule 13, 1997 Rules of Civil Procedure  Section

13. Proof of Service. — Proof of personal service shall consist of a written admission of the party served, or the official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing compliance with section 7 of this Rule. If service is made by registered mail, proof shall be made by such affidavit and the registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender, or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee. (10a)

Affidavit of Service Is a proof of service separately attached to any pleading or paper and can either be personal or through registered mail

Section7, Rule 13, 1997 Rules of Civil Procedure  Section

7. Service by mail. — Service by registered mail shall be made by depositing the copy in the post office in a sealed envelope, plainly addressed to the party or his counsel at his office, if known, otherwise at his residence, if known, with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10) days if undelivered. If no registry service is available in the locality of either the senders or the addressee, service may be done by ordinary mail. (5a; Bar Matter No. 803, 17 February 1998)

If Copy Furnished Through Registered Mail You will need to attach an Explanation

Explanation Necessary pursuant to Section11, Rule 13, 1997 Rules of Civil Procedure

Section11, Rule 13, 1997 Rules of Civil Procedure  Section

11. Priorities in modes of service and filing. — Whenever practicable, the service and filing of pleadings and other papers shall be done personally. Except with respect to papers emanating from the court, a resort to other modes must be accompanied by a written explanation why the service or filing was not done personally. A violation of this Rule may be cause to consider the paper as not filed.

Motion to Dismiss

Section1, Rule 16, 1997 Rules of Civil Procedure  Section

1. Grounds. — Within the time for but before filing the answer to the complaint or pleading asserting a claim, a motion to dismiss may be made on any of the following grounds:  (a) That the court has no jurisdiction over the person of the defending party;  (b) That the court has no jurisdiction over the subject matter of the claim;  (c) That venue is improperly laid;  (d) That the plaintiff has no legal capacity to sue;  (e) That there is another action pending between the same parties for the same cause;  (f) That the cause of action is barred by a prior judgment or by the statute of limitations;  (g) That the pleading asserting the claim states no cause of action;  (h) That the claim or demand set forth in the plaintiff's pleading has been paid, waived, abandoned, or otherwise extinguished;  (i) That the claim on which the action is founded is enforceable under the provisions of the statute of frauds; and  (j) That a condition precedent for filing the claim has not been complied with. (1a)

The End