Civ Pro - Rule 13 (Filing and Service of Pleadings, Judgements and Other Pp

Question 1

__ is the act of submitting the pleading or other paper to the court

Answer 1

filing

Question 2

_____ is the act of providing a party with a copy of the pleading or any other court submission

Answer 2

service

Question 3

upon whom shall service of pleadings, judgements, and other papers be made?

Answer 3

it shall be made to the client’s counsel.

Question 4

What are the modes of filing

Answer 4

• 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

Question 5

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 ___

Answer 5

existence in the record of the case

written or stamped acknowledgement of its filing by the clerk of court

Question 6

proof of filing by registered mail

Answer 6

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

Question 7

proof of filing by accredited courier

Answer 7

1. affidavit of service of person
2. document tracking number
3. courier’s official receipt

Question 8

proof of filing for electronic mail

Answer 8

• 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

Question 9

the papers required to be filed with the court AND served upon the parties affected are: JR A PWD SOON

Answer 9

judgements
resolutions

appearances

pleadings subsequent to complaint
written motions
demands

similar papers
offer of judgements
orders
notices

Question 10

6 modes of submissions of pleadings, motions, notices, orders, judgements and other court submissions

Answer 10

personal service
registered mail
accredited courier
electronic mail

facsimile

other electronic means authorized provided in international convention

Question 11

how is the service of judgement, final orders, or resolutions done?

GEN. EXC.

Answer 11

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

Question 12

what are the specific documents that require the conventional service or filing of personal service and registered mail?

Answer 12

• 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

Question 13

when is a personal service deemed complete?

Answer 13

upon the actual delivery.

Question 14

how is service by registered mail done?

Answer 14

1. in an sealed envelope, deposit the copy in the post office
2. address to the party or party’s counsel’s office or residence
3. with postage fully prepaid
4. & instruction to the PM to return to sender after 10 c.days if not delivered

Question 15

service of elec mail & facsimile:
subject of the electronic mail and facsimile must follow this prescribed format:

Answer 15

case number
case title
pleading
order or document title

Question 16

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:

Answer 16

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

Question 17

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

Answer 17

presumptive service

Question 18

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?

Answer 18

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

Question 19

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

Answer 19

motion for new trial

Question 20

what is the date of filing of a personal submission?

Answer 20

clerk of court endorses the pleading the date and hour of filing

Question 21

what is the date of filing of a electronic mail/electronic means?

Answer 21

date of electronic transmission is the date of filing

Question 22

when is service by ORDINARY MAIL complete?

Answer 22

upon expiration of 10 c.days after mailing

unless otherwise provided by court

Question 23

when is service by REGISTERED MAIL complete?

Answer 23

• upon actual receipt of the addressee OR
• upon 5 c.days from date he received notice from postmaster

whichever date is earlier

Question 24

when is service by ACCREDITED COURIER complete?

Answer 24

• 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

Question 25

when is service by ELECTRONIC MAIL complete?

Answer 25

• 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

Question 26

when is service by FACSIMILE complete?

Answer 26

• complete upon receipt of the party, as indicated in the facsimile transmission printout

Question 27

proof of filing of electronic means

Answer 27

• affidavit of electronic filing with copy of the electronic acknowledgement of its filing by court

Question 28

what is the proof of service of PERSONAL SERVICE

Answer 28

• 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

Question 29

what is the proof of service of ORDINARY MAIL

Answer 29

• affidavit of the person mailing stating the facts showing compliance with section 7 rule 13

Question 30

what is the proof of service of REGISTERED MAIL

Answer 30

• ## 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

Question 31

what is the proof of service of electronic mail, facsimile, or other authorized electronic means of transmission?

Answer 31

• affidavit of service by person who sent e-mail, facsimile, or electronic transmission WITH
• printed proof of transmittal