RULE 13 FILING AND SERVICE OF PLEADINGS, JUDGMENTS AND OTHER PAPERS Flashcards
It is the act of presenting the pleading or other paper to the clerk of court
(Sec. 2, Rule 13, Rules of Court).
Filing
It is the act of providing a party with a copy of the pleading or paper concerned
(Sec. 2, Rule 13, Rules of Court)
Service
What is the general rule in rule 13?
when a party is represented by a lawyer, the service should be to the lawyer and not to the party
Manner of filing. — The filing of pleadings and other court submissions shall be made by:
(a) Submitting personally the original thereof, plainly indicated as such, to the court;
(b) Sending them by registered mail;
(c) Sending them by accredited courier; or
(d) Transmitting them by electronic mail or other electronic means as may be authorized by the Court in places where the court is electronically equipped.
Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment or similar papers shall be filed with ________.
the court, and served upon the parties affected.
Pleadings, motions, notices, orders, judgments, and other court submissions shall be served ____.
personally or by registered mail. accredited courier, electronic mail. facsimile transmission, other electronic means as may be authorized by the court.
Court submissions may be served by personal delivery of a copy to the party or to the party s counsel, or to their authorized representative named in the appropriate pleading or motion, or by leaving it in his or her office with his or her clerk, or with a person having charge thereof. What happens if there is no person found in his or her office at the time of the delivery?
Leave the copy between the hours of eight in the morning and six in the evening, at the party’ s or counsel’s residence, if known, with a person of sufficient age and discretion residing therein.
What should be the instructions to the postmaster under sec. 7 Service by mail?
return the mail to the sender after ten (10) calendar days if undelivered
service may be made by delivering the copy to the clerk of court, with proof of failure of both personal service and service by mail if _________.
If service of pleadings, motions, notices, resolutions, orders and other papers cannot be made under the two preceding sections of the rules of court, the office and place of residence of the party or his or her counsel being unknown
When shall service by electronic means and facsimile be made?
if the party concerned consents to such modes of service; by sending an e-mail to the party’ s or counsel’ s electronic mail address, or through other electronic means of transmission as the parties may agree on, or upon direction of the court; and by sending a facsimile copy to the party’ s or counsel’ s given facsimile number.
When does presumptive service occur?
Section 10. Presumptive service. - There shall be presumptive notice to a party of a court setting if such notice appears on the records to have been mailed at least twenty (20) calendar days prior to the scheduled date of hearing and if the addressee is from within the same judicial region of the court where the case is pending, or at least thirty (30) calendar days if the addressee is from outside the judicial region.
