Civ Pro - Rules Flashcards
The elements of res judicata are:
- 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
motion to dismiss is a prohibited pleading EXC when it raises these groudns:
- lac of JD over the SM
- litis pendencia
- res judicata
in an ejectment case, defendant may stay immediate execution of judgment if all conditions are met
- he files a supersedeas bond
- make monthly payment
- perfect the appeal
Rule 9
Effect of Failure to Plead
Rule 10
Amended & Supplemental Pleadings
Rule 11
When to file responsive pleadings
Rule 12
Bill of Particulars
Rule 13
Filing & Service of Pleadings, Judgments and Other Papers
Rule 14
Summons
Rule 15
Motions
Rule 16
Motion to Dismiss
Rule 17
Dismissal of Actions
Rule 18
Pre-Trial
Rule 19
Intervention
Rule 20
Calendar of Cases
Rule 21
Subpoena
Rule 22
Computation of Time
Rule 23
Deposition Pending Action
Rule 24
Depositions Before Action Pending Appeal
Rule 25
Interrogatories to Parties
Rule 26
Admission of Adverse Party
Rule 27
Production or Inspection of Documents or Things
Rule 28
Physical and Mental Examination of Persons
Rule 29
Refusal to Comply with Modes of Discovery
Rule 30
Trial
Rule 31
Consolidation or Severance
Rule 32
Trial by Commissioner
Rule 33
Demurrer to Evidence
Rule 34
Judgment on the Pleadings
Rule 35
Summary Judgment
Rule 36
Judgment, Final Orders and Entry Thereof
Rule 39
Execution, Satisfaction and Effect of Judgments
