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RULE 13 : Filing and Service of Pleadings, Judgements and Other Papers

PERSONAL SERVICE SERVICE BY MAIL SUBSTITUTED SERVICE

MANNER OF FILING Section 6, Rule 13 Section 7, Rule 13 Section 8, Rule 13
SECTION 3, Rule 13
a. Delivering a copy of the REGISTERED MAIL a. By delivering the copy to
papers personally to the the clerk of court wih
party, who is not proof of failure of both
represented y a counsel, or a. by depositing the copy in personal and service by
to his counsel; the post office, mail
b. By leaving the papers in b. in a sealed envelope
the counsel’s office with c. IF KNOWN : plainly
his clerk or with a person addressed to the party or
having charge thereof; his counsel at his office
c. If no person is found in his d. Otherwise, at his
office, or if his office is residence, IF KNOWN
unknown, or if he has no e. With postage fullr prepaid
office : by leaving the and
copy at the party’s or f. With instructions to the
counsel’s residence, postmaster to return the
d. if known: with a person of ail to the sender after 10
sufficient age and days IF UNDELIVERED
discretion residing therein
between 8am and 6pm ORDINARY MAIL

a. If no register service is
available in the locality of
either the sender or the
addressee
COMPLETENESS OF SERVICE Complete upon ACTUAL DELIVERY REGISTERED MAIL Complete at the time of such
SECTION 10, Rule 13 delivery
Complete upon :
a. Actual receipt by
addressee

PROOF OF FILING
SECTION 12, Rule 13
General Rule : Filing of a pleading
of paper shall be proved by its
existence in the record
PROOF OF SERVICE
SECTION 13, Rule 13
Exception : If not in the record but
is claimed to have been :
Filed personally, it is proved by :
a. the written or stamped
acknowledgement of its
filing by the clerk of court
on a copy of the same
Consists of :
a. written admission of the
party served
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b. After 5 days from the date
he received the first notice
of the postmaster,
whichever is earlier
ORDINARY MAIL
Complete upon :
a. Upon expiration of 10 days
after mailing, unless the
court otherwise provides
Exception : If not in the record but
is claimed to have been :
Filed by registered mail, it is
proved by the :
a. registry receipt;
b. affidavit of person who did
the mailing with a full
statement of :
1. the date and place of
depositing the mail in the
post office in a sealed
envelope addressed to the
court
2. with postage prepaid and
3. with instructions to the
postmaster to return the
mail to the sender after 10
days, IF NOT DELIVERED
Consists of : Consists of :
a. affidavit of the person a. the affidavit of the person
mailing showing mailing of the facts
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b. official return of the compliance with Rule 13, showing compliance with
server; or Section 7 Section 7 of Rule 13
c. the affidavit of party b. the registry receipt issued
serving containing full by the mailing office
information of the date,
palce and manner of the
service