CAUSE OF ACTION (ONE SUIT FOR A SINGLE CAUSE OF ACTION) ELEMENTS: 1.

THERE MUST BE A LEGAL RIGHT OF THE PLAINTIFF 2. THERE MUST BE A CORRELATIVE OBLIGATION OF THE DEFENDANT 3. THERE MUST BE AN ACT OR OMISSION OF THE DEFENDANT VIOLATING THE LEGAL RIGHT OF THE PAINTIFF

*AMENDMENT AS A MATTER OF DISCRETION -ANY TIME AFTER A RESPONSIVE PLEADING HAS BEEN FILED

VERIFIED COMPLAINT WHO MAY FILE? 1. NATURAL PERSON 2. JURIDICAL PERSON A. CORPORATION I. PUBLIC II. PRIVATE *DOMESTIC OR FOREIGN B. PARNERSHIPS C. STATE 3. REPRESENTATIVE 4. CLASS 5. ENTITY WITHOUT JURIDICAL PERSONALITY

SUMMONS HIERARCHY OF SUMMONS 1. PERSONAL SERVICE 2. SUBSTITUTED SERVICE 3. EXTRATERRITORIAL SERVICE *VOLUNTARY APPEARANCE IS CONSIDERED AS SERVICE OF SUMMONS

RETURN (WITHIN 5 DAYS FROM SERVICE)

ANSWER (VERIFIED) (WITHIN 15 DAYS AFTER RECEIPT OF SUMMONS)

NO *AMENDMENT AS A MATTER OF RIGHT -ANY TIME BEFORE A RESPONSIVE PLEADING HAS BEEN FILED

COURT MAY RENDER JUDGMENT MOTU PROPIO

MOTION TO DECLARE DEFENDANT IN DEFAULT

GENERAL DENIAL AND SILENCE ARE TANTAMOUNT TO ADMISSION

DENIED

COMPULSARY COUNTER CLAIM, CROSS CLAIM (VERIFIED)

DEFENDANT WILL FILE A MOTION TO SET ASIDE ORDER OF DEFAULT (GROUNDS: FRAUD, MISTAKE, ACCIDENT, EXCUSABLE NEGLIGENCE)

ANSWER TO COUNTER CLAIM, CROSS CLAIM (VERIFIED)

GRANTED 1. JUDGMENT ON THE PLEADING 2. TRIAL EX-PARTE

REJOINDER REPLY

ANSWER WITH MOTION TO DISMISS GRANTED COMMENT DENIED OPPOSITION TO THE COMMENT RENDER JUDGMENT ON THE COMPLAINT GRANTED

YES *MUST INCLUDE AFFIRMATIVE AND NEGATIVE/ SPECIFIC DEFENSES, ELSE WAIVED;

CASE DISMISSED UNLESS YOU HAVE COUNTER CLAIM

DENIED BACK TO THE COURT OF ORIGIN FOR THE CONDUCT OF JUDICIAL DISPUTE RESOLUTION PRE TRIAL

NOT SETTLED PLAINTIFF IS ABSENT -CASE DISMISSED -JUDGMENTON THE COUNTER CLAIM -CROSS CLAIM WILL BE DISMISSED

CASE RE RAFFLED

ANOTHER JUDGE PRE TRIAL, TRIAL DEFENDANT IS ABSENT -JUDGMENT ON THE COMPLAINT

SUBPOENA

PRELIMINARY CONFERENCE

COMPLAINANT PRESENT EVIDENCE IN CHIEF

FORMAL OFFER OF EVIDENCE ORDER OF REFERRAL TO COURT ANNEXED MEDIATION DEMURER TO EVIDENCE

SETTLED

GRANTED

CASE DISMISSED NOT SETLLED DENIED

DEFENDANT PRESENT EVIDENCE IN CHIEF

FILE PETITION FOR GRAVE ABUSE OF DISCRETION

FORMAL OFFER OF EVIDENCE APPEAL MEMORANDUM SETTLED JUDGMENT MOTION FOR RECONSIDERATION WITHIN 15 DAYS FROM JUDGMENT COMPROMISE AGREEMENT NO SETTLED DECISION IS FINAL AND EXECUTORY COMPROMISE AGREEMENT WRIT OF EXECUTION

YES

BACK TO COURT OF ORIGIN FOR APPROVAL OF COURT OF APPEALS CASE DISMISSED

DENIED

JUDGMENT FILE MOTION FOR NEW TRIAL IF THERE ARE NEW EVIDENCE EXECUTION

GRANTED

RECONSIDER THE DECISION