Sec. 12 Rule 15: Prohibited Motions

Question 1

a)

Answer 1

Motion to dismiss except:
1. lack of subject matter jurisdiction
2. Litis pendentia
3. Res Judicata
4. Prescription

Question 2

b)

Answer 2

Motion to hear affirmative defenses

Question 3

c)

Answer 3

Motion for reconsideration of the court’s action on the affirmative defenses;

Question 4

d)

Answer 4

Motion to suspend proceedings without a temporary restraining order or injunction issued by a higher court;

Question 5

e)

Answer 5

Motion for extension of time to file pleadings, affidavits or any other papers, except a motion for extension to file an answer as provided by Section 11, Rule 11; and

Question 6

f)

Answer 6

Motion for postponement intended for delay, except if it is based on acts of God, force majeure or physical inability of the witness to appear and testify. If the motion is granted based on such exceptions, the moving party shall be warned that the presentation of its evidence must still be terminated on the dates previously agreed upon.