Civ Pro Flow Chart.docx

PREPARATION OF COMPLAINT a. No cause of action b. Noncompliance with conditions precedent c. Prescribed d. Not signed e. Wrong jurisdiction (motu proprio) f. Wrong venue (upon motion) g. Forum shopping (upon motion)

FILING OF COMPLAINT Non-payment of docket fees within the reasonable time but before prescription No jurisdiction Dismissal by plaintiff Before answer After answer Matter of right Court’s discretion

SERVICE OF SUMMONS BY COC Defendant’s procedural options: (not required to outright file an answer) Answer Complaint ambiguous File motion for bill of particulars Has ground Motion to dismiss Does not answer Judgment by default No ground for motion to dismiss or that motion to dismiss was denied Complaint-in-intervention: Stranger asserts claim against one or all parties ANSWER BY DEFENDANT

Amendment by Plaintiff

No answer made

Before responsive pleading is served

Judgment by default

After responsive pleading is served

Judgment based on pleadings

Admission of claim

No denial. No triable issues

Issue does not cover material fact Summary judgment Counterclaim to plaintiff Reply to plaintiff Crossclaim to co-defendant 3rd party complaint to a stranger Purpose: contribution; indemnity; subrogation; other relief Answer-in-intervention: Stranger unites with the defendant in resisting a claim by plaintiff After last pleading has been served and filed PRE-TRIAL (Mandatory) Modes of discovery Alternative modes of dispute resolution No settlement or compromise TRIAL Present evidence by plaintiff. Then rests

Defendant then: Presents own Demurrer to evidence Denied Granted May still present own evidence Denied on appeal Waives right to present evidence JUDGMENT POST-JUDGMENT REMEDIES Before judgment becomes final and executory a. Motion for reconsideration b. Motion for new trial c. Appeal After judgment becomes final and executory a. Appeal for relief b. Action to annul judgment c. Certiorari EXECUTION