Rule 15 MOTION
A motion is an application for relief
other than pleading
Motion must be in writing
Except those made on open
court or in the course of hearing or
trial
Shall state the relief sought to be
obtained and the grounds upon which
it is based
If necessary: includes to prove
facts alleged in, accompanied
by supporting affidavits and
other papers
Shall be set in hearing by the
applicant except for motions which the
court may act upon without
prejudicing the rights of the adverse
party.
3 days before the hearing notice
shall be served
Notice-> addressed to all the parties,
not later than 10 days after filing the
motion
Proof of service necessary
Friday afternoon-> motion day
-> non working day: next
working day
Omnibus motion: a motion attacking a
pleading, order, judgment, or
proceedings shall include all objections
then available
All objections not so included
shall be deemed waived
Motion for leave shall be accompanied
by the pleading or motion sought to be
admitted.
Rule 16: Motion to dismiss
Grounds:
That court has no jurisdiction
over the person of the
defending party
That the court has no
jurisdiction over the subject
matter of the claim
That the claim is improperly
laid
That the plaintiff has no legal
capacity to sue
That there is another action
pending between the same
parties for the same cause
That the cause of action is
barred by a prior judgment
or by the statute of
limitations
That the pleading asserting
the claim states no cause of
action
That the claim or demand
set forth in the plaintiffs
pleading has been paid,
waived, abandoned, or
otherwise extinguished
That the claim on which the
action is founded is
unenforceable under the
provisions of the statute of
fraud
That a condition precedent
for filing the claim has not
been complied with.
At the hearing of the motion:
The parties shall submit their
arguments on the: questions
of law and their evidence on
the questions of fact.
*except: those not available
at that time
Should the case go on trial-> evidence
presented during the hearing shall
automatically be a part of the
evidence of the party presenting the
same
Resolution of motion
The court may dismiss the
action or claim
Deny the motion
Or order the amendment of
the pleading
The court shall not defer the resolution
of the motion for the reason that the
ground relied upon is not indubitable
Time to plead: motion denied: 5 days
from his receipt of the notice of the
denial
*motion to be amended: 15 days
Dismissal base on: shall bar the
refiling of the same action or claim
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
That the claim on which the
action is founded is
unenforceable under the
provisions of the statute of
fraud
If no motion to dismiss has been files-
> any of the grounds for dismissal
may be pleaded as an affirmative
defense in the answer
In the discretion of the court-> a
preliminary hearing may be had
thereon as if a motion to dismiss had
been filed
The dismissal of the complaint under
this section shall be without prejudice
to the prosecution in the same or
separate action of a counterclaim
pleaded in the answer.
Rule 17: Dismissal of actions
Dismissal upon notice by plaintiff ->
may file a notice of dismissal at any
time before service of the answer or of
a motion for summary judgment. ->
the court shall issue an order
confirming the dismissal
*unless otherwise stated in the notice,
the dismissal is without prejudice,
except that a notice operates as an
adjudication upon the merits
Dismissal upon motion of plaintiff