Parts and Contents of Pleadings Flashcards
What are the parts and contents of pleadings?
(a) Caption
(b) Body
(c) Signature and Address
(d) Verification
(e) Certification Against Forum Shopping
(f) Contents
What is contained in the caption?
(a) Name of the Court
(b) Title of the Action
(c) Docket Number
(d) Names of the parties
What is contained in the body? Explain each briefly.
(a) Paragraphs
(b) Headings - contains the causes of action
(c) Relief
(d) Date
The signatories to the pleading is the party and the counsel. What is the reason why the counsel will sign the pleading?
It is a certification that the counsel has read the pleading and document, and to the best of his knowledge, the pleading is:
(a) Not being presented for any improper purpose, such as to harass, cause delay, or needlessly increase the cost of litigation
(b) The claims, defenses, and contentions are warranted by existing law or jurisprudence
(c) The factual contentions have evidentiary support.
(d) The denials of factual contentions are warranted on evidence, or if specifically identified, are reasonably based on belief or a lack of information
What is the implication if the court determines that the the rule on signature and address has been violated?
The court may impose an appropriate sanction or refer such violation to the proper office for disciplinary action on any attorney, law firm, or party that violated the rule. Sanctions may be an order to pay penalty in court, or payment of the reasonable attorney’s fees resulting from the violation.
The lawyer or law firm cannot pass on the monetary penalty to the client.
What is the rule on verification?
Unless otherwise required, pleadings need not be under oath or verified.
A pleading is verified by an affidavit of an affiant duly authorized to sign said verification. The verification could in the form of a secretary’s certificate or special power of attorney. The verification should be attached to the pleading and attests that:
(a) The allegations are true and correct based on his personal knowledge or based on authentic documents
(b) The pleading is not filed to harass, cause unnecessary delay, or needlessly increase the cost of litigation
(c) The factual allegations therein have evidentiary support
A pleading that lacks proper verification is treated as an unsigned pleading.
What is the rule on certification against forum shopping?
The plaintiff shall certify under oath in the complaint, or in a sworn certification that:
(a) He has not commenced any action or filed any claim involving the same issues in any court or tribunal, and to the best of his knowledge, no such other action or claim is pending therein.
(b) There is such other pending action or claim, a complete statement of the present status thereof
(c) He should thereafter learn that the same or similar action or claim has been filed or pending, he shall report it within five days to the court wherein the complaint has been filed.
What if the complainant failed to comply with the requirement of certification against forum shopping? How about false certification? How about willful and deliberate forum shopping?
Failure to comply is not curable by amendment and shall cause the dismissal of the case without prejudice.
Submitting a false certification constitutes indirect contempt of court.
Willful and deliberate forum shopping will cause the dismissal of the case without prejudice.
What should be contained in the contents of the pleading?
(a) Names of witnesses who will be presented to prove a party’s claim or defense
(b) Summary of the witnesses, wherein the judicial affidavits of the witnesses is attached.
(c) Documentary and object evidence in support of the allegations contained in the pleading.
