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MCF JAR 10(c)

Motion to Allow Compliant


Replacement Affidavits

Original – Court, 1st Copy – Plaintiff, 2nd Copy – Defendant, Other copies as needed
Enter information in block letters in all parts of the Form except when reserved for Court
use, which shall be completed by the Clerk.
For Court Use Only
(Judicial Region)

(Municipality/City/Province)

METC/MTCC/MTC/MCTC
RTC

BRANCH
Case No.
Plaintiff/
Petitioner , v.
Defendant/
Respondent

COUNSEL OR PARTY WITHOUT COUNSEL


Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
Lifetime
IBP No. Date/Chapter
Compliance
MCL Exemption No
E .
Other Compliances
Counsel for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

MOTION TO ALLOW SUBMSSION OF COMPLIANT


REPLACEMENT AFFIDAVITS
UNDER SECTION 10(c) OF THE JUDICIAL AFFIDAVIT
RULE

______________________________________________________
(name)

moves that the submission of the attached compliant replacement


affidavit/s be allowed and states:

1. On _____________________,
(date) movant received an Order dated

______________________ excluding the judicial affidavit/s of


_______________________________
(state name of witness) for failure to comply

with the content requirements.

page 1 of 3
2. Movant has ten (10) days from receipt of the above Order or
until ______________to
(state due date) submit the compliant judicial affidavit.

3.  Movant failed to comply with the content requirements


because_____________________________________________
___________________________________________________
___________________________________________________
(state reason/s)

Use additional sheets, if necessary

4.  Movant does not have good cause for not complying with the
content requirements of the judicial affidavit/s but is willing to
pay the fine set by the Court.

PROOF OF SERVICE
A copy of this Motion was served upon:
Party/Counsel’s Name Method Place Served Date Served
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Personal Service
Licensed Courier
Registered Mail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.

Date Party/Party’s Counsel Name and Signature

ORDER
After a review of the Motion,  and comment/opposition,   reply, the
Motion is
 granted. The compliant judicial affidavit is admitted.
movant is ordered to pay a fine in the amount of P________________________.
 denied because ______________________________________________________
___________________________________________________________________
___________________________________________________________________
The defective judicial affidavit of _________________________
(name of witness) is excluded from
the record.
 set for hearing on ____________________________ .
(date)

Judge Date

SPECIAL INSTRUCTIONS

COPIES TO BE FILED WITH THE COURT


An original of this Form must be filed with the Court together with such additional copies
equivalent to the number of parties in the case, to be used by the Court in sending out its
court order contained in the same Form.
MOTION TO ALLOW SUBMISSION OF COMPLIANT page 2 of 3
REPLACEMENT AFFIDAVITS
PERIOD FOR SUBMISSION OF COMPLIANT JUDICIAL AFFIDAVIT
The Court may allow but once and for good cause shown the subsequent submission of
the compliant replacement affidavits within ten days of receipt of the exclusion order.
(Rule 22.2(h))

NO HEARING ON MOTIONS
No hearing on a written Motion shall be permitted unless the Court, at its discretion,
requires such hearing to resolve factual issues. (Rule 36.4)

COMMENT OR OPPOSITION TO THE MOTION


The adverse party may file a Comment or Opposition to the motion and submit
supporting judicial affidavits and other evidence within a non-extendible period of fifteen
(15) days from receipt of the Motion and its annexes. (Rule 36.3)

REPLY TO COMMENT OR OPPOSITION


No Reply shall be filed unless with leave of court. (Rule 36.3)

PROOF OF SERVICE AND EXPIRATION OF TIME TO FILE COMMENT OR


OPPOSITION
No written motion shall be acted upon by a court without proof of service on the other
parties as required in Rule 18.14 and until the time to file the last required pleading
expires. (Rule 36.5)

MOTION TO ALLOW SUBMISSION OF COMPLIANT page 3 of 3


REPLACEMENT AFFIDAVITS