![]() The notice of hearing, issued by the court, shall be addressed to all parties concerned, and shall specify the time and date of the hearing. The notice of hearing comes from the court, which means that the party-movant need NOT include a notice of hearing in the motion. In other words, not all litigious motions are subject to a hearing. Under the 2019 Amendments, the court has discretion to decide if a hearing is necessary for litigious motions. The 2019 Amendments removed these requirements. The notice shall specify the time and date of the hearing, which must not be later than 10 days after the filing of the motion. In the 1997 Rules, every written motion is required to be heard, with notice of the hearing served in such a manner as to ensure its receipt by the other party at least 3 days before the date of hearing. ![]() This is a new provision in the 2019 Amendments. A motion made in open court or in the course of a hearing or trial should immediately be resolved in open court, after the adverse party is given the opportunity to argue his or her opposition thereto. These motions must be resolved by the court within 15 calendar days from: (a) receipt of the opposition thereto or (b) upon expiration of the period to file such opposition. The 2019 Amendments explicitly requires that non-litigious motions must be resolved by the court within 5 calendar days from receipt of the motion. No other submissions shall be considered by the court in the resolution of the motion. The 2019 Amendments provides that the opposing party shall file his/her opposition to a litigious motion within 5 calendar days from receipt thereof. There is no provision for opposition in non-litigious motions. 13) Motion to declare defendant in default.10) Motion for judgment on the pleadings.8) Motion for an order to break in or for a writ of demolition.6) Motion to amend after a responsive pleading has been filed.The items in the enumeration of litigious motions are not new, but the section makes it convenient to see which motions are litigious in nature. The 2019 Amendments includes an entire section on litigious motions. g) Motion for the issuance of an order directing the sheriff to execute the final certificate of sale.f) Motion for the issuance of a writ of possession.e) Motion for the issuance of an alias writ of execution.d) Motion for the issuance of a writ of execution. ![]() a) Motion for the issuance of an alias summons.Motions which the court may act upon without prejudicing the rights of adverse parties are non-litigious motions. These terminologies are now expressly used in the 2019 Amendments, with examples conveniently included. NON-LITIGIOUS MOTIONSĪ motion may either be a non-litigious motion (no hearing required) or litigious motion (hearing is discretionary). The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form.Ī motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by the Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers. There is no overriding reason to require service by registered mail, as the notice of hearing no longer comes from the other party, but discretionary and issued by the court. We submit that service of motions may be done through ordinary mail, which is one of the recognized modes of service. Rule 15 of the 2019 Amendments provides that service of the motion may be done through “registered mail”, giving the impression that service by ordinary mail is not allowed. Service through electronic means is also not found in the 1997 Rules. The 1997 Rules of Civil Procedure (hereinafter, “1997 Rules”) does not provide for “accredited private courier”, although the Supreme Court has considered service/filing by private courier as equivalent to service/filing by ordinary mail ( PSBank vs. The 2019 Amendments also provides that all motions shall be served, ensuring their receipt by the other party, by: No written motion shall be acted upon by the court without proof of service. ![]() The 2019 Amendments provides that when a motion is based on facts not appearing on record, the court may hear the matter on: (a) affidavits or depositions presented by the respective parties or (b) wholly or partly on oral testimony or depositions. These are motions made in open court or in the course of a hearing or trial. By way of exception, oral motions are allowed. MOTIONS MUST BE IN WRITINGĪs a rule, all motions must be in writing. This is a summary of Rule 15 (the summary of other Rules may be tracked through the Menu). The 2019 Amendments shall take effect on.
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