Section 1. Motion defined. — A motion is an application for relief other than by a pleading.
Section 2. Motions must be in writings. — All motions shall be in writing except those made in open court or in the course of a hearing or trial.
Section 3. Contents. — A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by these Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers.
Section 4. Hearing of motion. — Except for motions which the court may act upon without prejudicing the rights of the adverse party, every written motion shall be set for hearing by the applicant.
Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (3) days before the date of hearing, unless the court for good cause sets the hearing on shorter notice. (4a)
Section 5. Notice of hearing. — The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion.
Section 6. Proof of service necessary. — No written motion set for hearing shall be acted upon by the court without proof of service thereof.
Section 7. Motion day. — Except for motions requiring immediate action, all motions shall be scheduled for hearing on Friday afternoons, or if Friday is a non-working day, in the afternoon of the next working day.
Section 8. Omnibus motion. — Subject to the provisions of section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall include all objections then available, and all objections not so included shall be deemed waived.
Section 9. Motion for leave. — A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted.
Section 10. Form. — The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form. (Rule 15, Rules of Court)
Q. What is a motion? Define motion.
A. A motion is an application for relief other than by a pleading. (Sec. 1)
In between the course of the proceedings, there be many relief a party may prayed for but not a judgment. He may asked for such relief by filing a motion. In a motion, you are asking for another relief other than the main relief prayed for in the pleading which is usually a favorable judgment (in case of Complaint) or the dismissal of the case (in case of an Answer). Example is a motion to postpone trial or a motion for extension of time to file answer. You do not do that by a complaint but by way of a motion because you are praying for a relief other than by a pleading.
Pleadings, on the other hand, are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (Sec. 1, Rule 6) Pleadings are limitied to those enumerated under Rule 6 such as complaint, counterclaim, cross-claim, third party complaint, complaint in intervention, or answer.
In between the course of the proceedings, there be many relief a party may prayed for but not a judgment. He may asked for such relief by filing a motion. In a motion, you are asking for another relief other than the main relief prayed for in the pleading which is usually a favorable judgment (in case of Complaint) or the dismissal of the case (in case of an Answer). Example is a motion to postpone trial or a motion for extension of time to file answer. You do not do that by a complaint but by way of a motion because you are praying for a relief other than by a pleading.
Pleadings, on the other hand, are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. (Sec. 1, Rule 6) Pleadings are limitied to those enumerated under Rule 6 such as complaint, counterclaim, cross-claim, third party complaint, complaint in intervention, or answer.
Q. What are the three exceptions to this? What are three motions when you are praying for a judgment already?
A.The exceptions are following:
1. Motion for judgment to the demurrer to evidence;
2. Motion for judgment on the pleadings;
3. Motion for summary judgment.
Kinds of Motions:
a) Motion ex parte – made without the presence of a notification to the other party because the question generally presented is not debatable (e. motion for extension of time, motion to litigate as pauper)
b) Motion of course – where the movant is entitled to relief or remedy sought as a matter of discretion on the part of the court
c) Litigated Motion – one made with notice to the adverse party to give an opportunity to oppose
d) Special motion – motion addressed to the discretion of the court
A. The following are the requisites of a valid motion:
1. It must be IN WRITING except those made in open court or in the course of trial or hearing;
2. It must state the RELIEF sought to be obtained and the GROUND upon which it is based;
3. It must be accompanied by SUPPORTING AFFIDAVITS and other papers, if required by the Rules or necessary to prove the facts alleged therein.
4. There must be a HEARING OF THE MOTION;
5. There must be a NOTICE OF HEARING addressed to ALL PARTIES concerned, and shall specify the time and date of hearing which must be not less than 10 DAYS after the filing of the motion;
6. The motion and notice of hearing must be SERVED at least 3 DAYS before the date of hearing;
7. There must be PROOF OF SERVICE of the motion on the adverse party.
1. It must be IN WRITING except those made in open court or in the course of trial or hearing;
2. It must state the RELIEF sought to be obtained and the GROUND upon which it is based;
3. It must be accompanied by SUPPORTING AFFIDAVITS and other papers, if required by the Rules or necessary to prove the facts alleged therein.
4. There must be a HEARING OF THE MOTION;
5. There must be a NOTICE OF HEARING addressed to ALL PARTIES concerned, and shall specify the time and date of hearing which must be not less than 10 DAYS after the filing of the motion;
6. The motion and notice of hearing must be SERVED at least 3 DAYS before the date of hearing;
7. There must be PROOF OF SERVICE of the motion on the adverse party.
Q. Is it necessary that a motion be accompanied supporting affdavits and other papers?
A. No, unless required by the Rules (example, in case of motion for new trial, if there is no affidavit of merit, the motion will be denied) or necessary to prove the facts alleged therein (example motion for postponement because you are sick, the best supporting paper would be a medical certificate). However, if the facts are already stated on record, the court can check the records (example in case of motion to declare defendant in default, the court can look at the sheriff's return when was the defendant served with summons).
Q. When must the motion be set for hearing?
A. A motion must be set for hearing not later than ten (10) days from the date of its filing. There is one exception however to this rule, and that is a motion for summary judgment. Under the rule on summary judgment, the motion should be set for hearing in such a manner that a ten 10-day period must elapse between the service of the motion to the adverse party and the date of the hearing. In other words, under the rule on summary procedure, you cannot set your motion for hearing earlier than ten days.
Q. What is the effect if a party files a motion serving upon the adverse party the motion in less than three days??
A. The court may refuse to take action on a motion which does not comply with the rule requiring a three-day notice to the adverse party.
Q. What are the exceptions to the 3-day notice rule?
A. The following are the exceptions:
1. Ex parte motions;
2. Urgent motions;
3. Motions agreed upon by the parties to be heard on shorter notice or jointly submitted by the parties;
4. Motion for summary judgment which must be served at least 10 days before its hearing
Q. What are the exceptions to the 3-day notice rule?
A. The following are the exceptions:
1. Ex parte motions;
2. Urgent motions;
3. Motions agreed upon by the parties to be heard on shorter notice or jointly submitted by the parties;
4. Motion for summary judgment which must be served at least 10 days before its hearing
NOTE: Any motion that does not comply with sections 4, 5 and 6 of Rule 15 is a mere scrap of paper, should not be accepted for filing, and if filed, is not entitled to judicial cognizance and does not affect any reglementary period involved for the filing of the requisite pleading.
Q. What happens if a motion does not contain a notice of hearing?
Q. What happens if a motion does not contain a notice of hearing?
A. A motion that does not contain a notice of hearing is but a mere scrap of paper; it presents no question which merits the attention and consideration of the Court. It is not even a motion for it does not comply with the rules. A motion without notice of hearing is nothing but a piece of paper filed in court, which should be disregarded and ignored. (Prado vs Veridiano, G.R. No. 98118, December 6, 1991)
The rationale behind the rule is plain: unless the movant sets the time and place of hearing, the court will be unable to determine whether the adverse party agrees or objects to the motion, and if he objects, to hear him on his objection. The objective of the rule is to avoid a capricious change of mind in order to provide due process to both parties and ensure impartiality in the trial. (Dolores Fajardo vs Court of Appeals, G.R. No. 140356, March 20, 2001)
The rationale behind the rule is plain: unless the movant sets the time and place of hearing, the court will be unable to determine whether the adverse party agrees or objects to the motion, and if he objects, to hear him on his objection. The objective of the rule is to avoid a capricious change of mind in order to provide due process to both parties and ensure impartiality in the trial. (Dolores Fajardo vs Court of Appeals, G.R. No. 140356, March 20, 2001)
Q. To whom should the notice of hearing be addressed?
A. It is addressed to all parties concerned. A notice of hearing addressed to the Clerk of Court and not to the parties is no notice at all. (Prado vs Veridiano, ibid)
Q. Define omnibus motion.
A. An omnibus motion is one attacking a pleading or a proceeding which shall include all objections then available, and all objections not so included shall be deemed waived. (Sec. 8)
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