Civ Pro - Rule 13 (Filing and Service of Pleadings, Judgements and Other Pp Flashcards
__ is the act of submitting the pleading or other paper to the court
filing
_____ is the act of providing a party with a copy of the pleading or any other court submission
service
upon whom shall service of pleadings, judgements, and other papers be made?
it shall be made to the client’s counsel.
What are the modes of filing
- personal service of pleading or other dox to the court
- registered mail
- accredited courier
- electronic mail or electronic means as may authorized by court if court is electronically equipped
The filing of a pleading or any other court
submission shall be proven by ___
If not there, but is claimed to have been filed personally, the filing shall be proven by ___
existence in the record of the case
written or stamped acknowledgement of its filing by the clerk of court
proof of filing by registered mail
1.) registry receipt and
2.) affidavit of the person mailing
2a. complete statement of date
2b. place of deposit IN THE POST
OFFICE in a sealed envelope
addressed to the court to be filed
2c. postage fully prepaid
2d. w/ instruction to postmaster if not
delivered in 10 c.days, shall be deliver
back to sender
proof of filing by accredited courier
- affidavit of service of person
- document tracking number
- courier’s official receipt
proof of filing for electronic mail
- affidavit of electronic filing with paper copy of the pleading or other documents transmitted OR
- written/stamped acknowledgement of its filing by the Clerk of court
the papers required to be filed with the court AND served upon the parties affected are: JR A PWD SOON
judgements
resolutions
appearances
pleadings subsequent to complaint
written motions
demands
similar papers
offer of judgements
orders
notices
6 modes of submissions of pleadings, motions, notices, orders, judgements and other court submissions
personal service
registered mail
accredited courier
electronic mail
facsimile
other electronic means authorized provided in international convention
how is the service of judgement, final orders, or resolutions done?
GEN. EXC.
GEN
personally or by registered mail
EXC:
thru an ex parte motion, prevailing party may effect service by accredited courier
J, O, R service can be thru service of publication provided party did not appear thru a summons by publication
what are the specific documents that require the conventional service or filing of personal service and registered mail?
- initiatory pleading and initiatory responsive pleading (like an answer)
- subpoena, protection orders and writs
- appendices and exhibits to motions, or other documents not readily amenable to electronic scanning
- sealed & confidential documents or records
when is a personal service deemed complete?
upon the actual delivery.
how is service by registered mail done?
- in an sealed envelope, deposit the copy in the post office
- address to the party or party’s counsel’s office or residence
- with postage fully prepaid
- & instruction to the PM to return to sender after 10 c.days if not delivered
service of elec mail & facsimile:
subject of the electronic mail and facsimile must follow this prescribed format:
case number
case title
pleading
order or document title
The title of each
- electronically-filled or
- served pleading or
- other document and
- each submission served
by facsimile shall contain sufficient information to enable court to ascertain from the title:
a. party / parties filing or serving the paper
b. nature of the paper
c. party / parties against whom relief is sought
d. nature of relief sought
There shall be ______ to a party of a court setting if such notice appears on the records to have been mailed at least 20 calendar days prior to scheduled date of hearing and if addressee is from within the same judicial region of the court where the case is pending, or at least 30 calendar days if the addressee is from outside the judicial region
presumptive service
A served to B 20 c.days before scheduled hearing and shown in the record. they are both in the same judicial region. B argues that he has never received the service. is it tenable?
no. it is not
there is presumptive service when the records show that the notice has been 20 c.days before scheduled date of hearing and is within the same judicial region of the court
(30 days) if outside
Absent any proof of service of the decision, the period of 15 days within which a party may file its motion_____ does not begin to run against such party. If it admits, however, that it received the copy of the decision on a certain date despite absence of proof of service, that date would be the reckoning date of the 15-day period
motion for new trial
what is the date of filing of a personal submission?
clerk of court endorses the pleading the date and hour of filing
what is the date of filing of a electronic mail/electronic means?
date of electronic transmission is the date of filing
when is service by ORDINARY MAIL complete?
upon expiration of 10 c.days after mailing
unless otherwise provided by court
when is service by REGISTERED MAIL complete?
- upon actual receipt of the addressee OR
- upon 5 c.days from date he received notice from postmaster
whichever date is earlier
when is service by ACCREDITED COURIER complete?
- actual receipt of the addressee OR
- after 2 attempts to deliver by the courier service OR
- upon expiration of 5 c.days after first attempt to deliver
whichever is earlier
when is service by ELECTRONIC MAIL complete?
- complete at the time of the electronic submission of the document OR
- when available, time the electronic notification of service of the document is sent.
NOT complete or effective if party serving the docs learns that it did not reach the addressee or person to be served
when is service by FACSIMILE complete?
- complete upon receipt of the party, as indicated in the facsimile transmission printout
proof of filing of electronic means
- affidavit of electronic filing with copy of the electronic acknowledgement of its filing by court
what is the proof of service of PERSONAL SERVICE
- written admission of the party served OR
- official return of the server OR
- affidavit of the party serving, containing full statement of the date, place, and manner of service
what is the proof of service of ORDINARY MAIL
- affidavit of the person mailing stating the facts showing compliance with section 7 rule 13
what is the proof of service of REGISTERED MAIL
- ## affidavit of person mailing AND registry return card shall be filed immediately upon its receipt by the sender, OR instead the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the addressee
what is the proof of service of electronic mail, facsimile, or other authorized electronic means of transmission?
- affidavit of service by person who sent e-mail, facsimile, or electronic transmission WITH
- printed proof of transmittal
