Rule 6- Kinds of Pleadings

Question 1

Define pleadings.

Answer 1

are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment.

Question 2

Where can the claims of a party be asserted? (5)

Answer 2

complaint, counterclaim, cross-claim, third (fourth, etc.)-party complaint, or complaint-in-intervention.

Question 3

The defenses of a party are alleged in the __________ to the pleading asserting a claim against him.

Answer 3

Answer

Question 4

An answer is responded by what?

Answer 4

Reply

Question 5

What is complaint?

Answer 5

is the pleading alleging the plaintiffs cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

Question 6

What is Answer?

Answer 6

is a pleading in which a defending party sets forth his defenses.

Question 7

T or F: Defenses may either be negative or affirmative.

Answer 7

True

Question 8

Define Negative Defense.

Answer 8

is the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action.

Question 9

Define affirmative defense.

Answer 9

is an allegation of a new matter which, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him.

Question 10

Cite the affirmative defenses. (10)

Answer 10

1. fraud,
2. statute of limitations, 3. release,
3. payment,
4. illegality,
5. statute of frauds,
6. estoppel,
7. former recovery,
8. discharge in bankruptcy, and
9. any other matter by way of confession and avoidance.

Question 11

Define Counterclaim.

Answer 11

is any claim which a defending party may have against an opposing party.

Question 12

What is compulsory counterclaim?

Answer 12

is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction.

Question 13

T or F: Such a counterclaim can be out of the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount.

Answer 13

False, such a counterclaim MUST BE WITHIN the jurisdiction of the court both as to the amount and the nature thereof, except that in an original action before the Regional Trial Court, the counterclaim may be considered compulsory regardless of the amount.

Question 14

What is cross-claim?

Answer 14

any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein.

Question 15

Can such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant?

Answer 15

Yes

Question 16

To whom can a counterclaim may be asserted against?

Answer 16

Original counter-claimant

Question 17

Can a cross-claim be filed against an original cross-claimant?

Answer 17

Yes

Question 18

What is a reply?

Answer 18

is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters.

Question 19

What is the effect if a party does not file such reply?

Answer 19

all the new matters alleged in the answer are deemed controverted.

Question 20

If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth where?

Answer 20

in an amended or supplemental complaint.

Question 21

What is third, (fourth, etc.)—party complaint?

Answer 21

is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.) —party defendant, for contribution, indemnity, subrogation or any other relief, in respect of his opponent’s claim.

Question 22

When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as ____________, if jurisdiction over them can be obtained.

Answer 22

Defendants

Question 23

T or F: A third (fourth, etc) party defendant cannot allege in his answer his defenses, counterclaims or cross-claims, including such defenses that the third (fourth, etc.) —party plaintiff may have against the original plaintiffs claim as this can only be done by the original defendant.

Answer 23

False, MAY allege in his answer his defenses, counterclaims or cross-claims, including such defenses that the third (fourth, etc.) —party plaintiff may have against the original plaintiffs claim. In proper cases, he may also assert a counterclaim against the original plaintiff in respect of the latter’s claim against the third-party plaintiff.