VILASIS LAW CENTER

REMEDIAL LAW REVIEW 1

Assoc. Dean Christian “Kit” Villasis

Take Home Quiz No. 6:

Kindly copy and answer the following questions in your notebook.

1. What is a motion? Explain the form and contents of a motion.

2. Distinguish litigious and non-litigious motions. Explain.
3. What are the prohibited motions? What are the grounds that would bar the
refilling of the same action or claim?
4. Explain the following rules:
a. Dismissal upon notice by plaintiff;
b. Dismissal upon motion of plaintiff;
c. Dismissal due to fault of plaintiff;
d. Dismissal of counterclaim, cross-claim, or third-party complaint.
5. When is Pre-Trial conducted? What is the nature and purpose of Pre-
Trial? What are the contents of notice of Pre-Trial? Distinguish Pre-Trial in civil cases
and criminal cases.
6. What are the contents of a Pre-Trial Brief and Pre-Trial Order? What are
the effects of the failure of the parties and counsel to appear during the Pre-Trial?
7. Explain the rules on:
a. Court – Annexed Mediation;
b. Judicial Dispute Resolutions; and
c. Judgment after Pre-Trial.
8. Who may intervene? When is intervention allowed? Explain the rules on
intervention. What is the remedy for the denial of a motion to intervene?
9. Explain the rules on calendar of cases and assignment of cases by raffle.
10. Distinguish subpoena duces tecum and ad testificandum. Explain the rules
on issuance and service of subpoena. What are the grounds for the quashal of
subpoena duces tecum and ad testificandum?
11. What are the effects of the failure of a witness to attend to the Court or Judge
issuing the subpoena? Explain the exceptions.
12. Explain the rules on computation of time under Rule 22.
13. Enumerate the Modes of Discovery and explain each.
14. What is deposition? When can we avail of deposition (i) pending action; (ii)
before action; and (iii) pending appeal?
15. What are the uses of deposition? What is the scope of the examination?
16. When may objections to its admissibility be made? When can we
terminate the taking of deposition or limit its scope?
 17. When can we avail of written interrogatories? What are the effects of the
failure to serve written interrogatories? What are the consequences of the refusal to
answer the written interrogatories?
18. When can we avail of request for admission? What are the consequences
of the refusal to answer the request for admission? What is the effect of the failure to file
and serve a request for admission? Explain the rules on implied admission by adverse
party in request for admission?
19. Explain the rules on production and inspection of documents or things.
20. Explain the rules on Physical or mental examination of persons.
21. What are the consequences of the refusal to comply with the Modes of
Discovery?
22. Is trial indispensable for the Court to render a decision? What are the
periods/schedules for the presentation of evidence for both the plaintiff and defendant?
23. Explain the rules on adjournments and postponements of trial. What is the
order of trial? May the offer of evidence, comments or objections thereto, and court
ruling be made orally? Explain.
24. Explain the rule if the parties agreed on the statement of facts and submit the
case for judgment.
25. May the reception of evidence be delegated to the Clerk of Court? Explain
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