*S2. RULE 35 (Codal) SUMMARY JUDGMENTS

Question 1

Section 1. Summary judgment for claimant.

Answer 1

*Who: arty seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief
*When: at any time after the pleading in answer thereto has been served,

L:A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory relief may, at any time after the pleading in answer thereto has been served, move with supporting affidavits, depositions or admissions for a summary judgment in his or her favor upon all or any part thereof.

Question 2

Section 2. Summary judgment for defending party.

Answer 2

*- A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may

Section 2. Summary judgment for defending party. - A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory relief is sought may, at any time, move with supporting affidavits, depositions or admissions for a summary judgment in his or her favor as to all or any part thereof.

Question 3

Section 3. Motion and proceedings thereon

Answer 3

*What the motion will contain: motion shall cite the supporting affidavits, depositions or admissions, and the specific law relied upon.
*Action on the adverse pty: The adverse party may file a comment and serve opposing affidavits, depositions, or admissions
*Period: within a non-extendible period of five (5) calendar days from receipt of the motion
*Ground: no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
-Unless the court orders the conduct of a hearing
- if the pleadings, supporting affidavits, depositions and admissions on file
*action of the court on a motion for summary judgment shall not be subject of an appeal / cpm

Section 3. Motion and proceedings thereon. - The motion shall cite the supporting affidavits, depositions or admissions, and the specific law relied upon. The adverse party may file a comment and serve opposing affidavits, depositions, or admissions within a non-extendible period of five (5) calendar days from receipt of the motion.

Unless the court orders the conduct of a hearing, judgment sought shall be rendered forthwith if the pleadings, supporting affidavits, depositions and admissions on file, show that, except as to the amount of damages, there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Any action of the court on a motion for summary judgment shall not be subject of an appeal or petition for certiorari, prohibition or mandamus.

Question 4

Section 4. Case not fully adjudicated on motion.

Answer 4

• A. Event: judgment is not rendered upon the whole case or
  b. for all the reliefs sought and +a trial is necessary

ii. Remedy: by examining the pleadings and the evidence before it and by interrogating counsel

iii. Specific Remedy
a. ascertain what material facts exist without substantial controversy,
b. inc the extent to which the amount of damages or other relief is not in controversy,
c. and direct such further proceedings in the action as are just.

iv. The facts so ascertained shall be deemed established,
v. and the trial shall be conducted on the controverted facts accordingly.

Section 4. Case not fully adjudicated on motion. -

If on motion under this Rule, judgment is not rendered upon the whole case or for all the reliefs sought and a trial is necessary, the court may, by examining the pleadings and the evidence before it and by interrogating counsel[,] ascertain what material facts exist without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and direct such further proceedings in the action as are just.

The facts so ascertained shall be deemed established, and the trial shall be conducted on the controverted facts accordingly.

Question 5

Section 5. Form of affidavits and supporting papers. (Formality lang)

Answer 5

A.

Section 5. Form of affidavits and supporting papers. -

Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Certified true copies of all papers or parts thereof referred to in the affidavit shall be attached thereto or served therewith.

Question 6

Section 6. Affidavits in bad faith.

Answer 6

i. any of the affidavits presented pursuant to this Rule are presented in bad faith,
ii. or solely for the purpose of delay,
-the court order the offending party or counsel to pay the amount of the reasonable expenses which the filing of the affidavits caused him or her to incur,
-after hearingadjudge the offending party or counsel guilty of contempt.

Section 6. Affidavits in bad faith. -

Should it appear to its satisfaction at any time that any of the affidavits presented pursuant to this Rule are presented in bad faith, or solely for the purpose of delay, the court shall forthwith order the offending party or counsel to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him or her to incur, including attorney s fees[,j]t may, after hearing further adjudge the offending party or counsel guilty of contempt.