Civ Pro - Rules Flashcards

1
Q

The elements of res judicata are:

A
  1. judgment sought to bar new action is final

2 judgment/decision rendered must be a court who has JD over the SM & parties

  1. disposition of the case must be a judgment on the merits
  2. the same parties, SM, and cause of action
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2
Q

motion to dismiss is a prohibited pleading EXC when it raises these groudns:

A
  • lac of JD over the SM
  • litis pendencia
  • res judicata
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3
Q

in an ejectment case, defendant may stay immediate execution of judgment if all conditions are met

A
  • he files a supersedeas bond
  • make monthly payment
  • perfect the appeal
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4
Q

Rule 9

A

Effect of Failure to Plead

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5
Q

Rule 10

A

Amended & Supplemental Pleadings

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6
Q

Rule 11

A

When to file responsive pleadings

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7
Q

Rule 12

A

Bill of Particulars

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8
Q

Rule 13

A

Filing & Service of Pleadings, Judgments and Other Papers

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9
Q

Rule 14

A

Summons

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10
Q

Rule 15

A

Motions

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11
Q

Rule 16

A

Motion to Dismiss

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12
Q

Rule 17

A

Dismissal of Actions

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13
Q

Rule 18

A

Pre-Trial

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14
Q

Rule 19

A

Intervention

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15
Q

Rule 20

A

Calendar of Cases

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16
Q

Rule 21

17
Q

Rule 22

A

Computation of Time

18
Q

Rule 23

A

Deposition Pending Action

19
Q

Rule 24

A

Depositions Before Action Pending Appeal

20
Q

Rule 25

A

Interrogatories to Parties

21
Q

Rule 26

A

Admission of Adverse Party

22
Q

Rule 27

A

Production or Inspection of Documents or Things

23
Q

Rule 28

A

Physical and Mental Examination of Persons

24
Q

Rule 29

A

Refusal to Comply with Modes of Discovery

25
Rule 30
Trial
26
Rule 31
Consolidation or Severance
27
Rule 32
Trial by Commissioner
28
Rule 33
Demurrer to Evidence
29
Rule 34
Judgment on the Pleadings
30
Rule 35
Summary Judgment
31
Rule 36
Judgment, Final Orders and Entry Thereof
32
Rule 39
Execution, Satisfaction and Effect of Judgments