Civ Pro - Rules Flashcards
1
Q
The elements of res judicata are:
A
- judgment sought to bar new action is final
2 judgment/decision rendered must be a court who has JD over the SM & parties
- disposition of the case must be a judgment on the merits
- the same parties, SM, and cause of action
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
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
4
Q
Rule 9
A
Effect of Failure to Plead
5
Q
Rule 10
A
Amended & Supplemental Pleadings
6
Q
Rule 11
A
When to file responsive pleadings
7
Q
Rule 12
A
Bill of Particulars
8
Q
Rule 13
A
Filing & Service of Pleadings, Judgments and Other Papers
9
Q
Rule 14
A
Summons
10
Q
Rule 15
A
Motions
11
Q
Rule 16
A
Motion to Dismiss
12
Q
Rule 17
A
Dismissal of Actions
13
Q
Rule 18
A
Pre-Trial
14
Q
Rule 19
A
Intervention
15
Q
Rule 20
A
Calendar of Cases
