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24 Cards in this Set
- Front
- Back
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Defenses / objections not pleaded waived XPN |
JRLP Lack of jurisdiction over subject matter Resjudicata Litispendentia Prescription |
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Party in default is entitlted to |
MOFOS Entitled to notice of 1.Motionto declare him in default; 2.Orderdeclaring him in default; 4.Service of final orders and judgments. 3.Subsequentproceedings; and |
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Requisites to lift order of default |
1. FAME(fraud, accident, mistake, excusable negligence) 2. Meritorious defenses |
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Partial default |
must be a COMMON cause of action against several parties and some don't answer |
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Extent of Relief in judgment in default |
EDU 1. not exceedthe amount prayed for 2. Be different in kind from that prayed for 3. No award ofunliquidated damages |
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When is default not allowed? |
LADSS Legal separation Annulment ofMarriage Declaration of nullityof marriage Summary Procedure Small Claims |
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How are pleadings amended? |
1. Adding/ striking out allegation 2. Adding/ striking out name of party 3. Correcting mistake / inadequate allegation / description 4. Correcting mistake in name of party |
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Amendment as a matter of right |
Before responsive pleading is served. CARF 1. Complaint = before answer filed 2. Answer = before reply is filed / period expires 3. Reply = w/in 10 days after service 4. Formal amendment |
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is a motion to dismiss a responsive pleading? |
No, thus, may still amend pleading as a matter of rith |
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When is leave of court required to file amendment? |
1. Amendment is substantial AND 2. Responsive pleading already served |
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Requisites for substantial amendment |
MON 1. Motion filed in court; 2. Opportunity to be heard 3. Noticeto adverse party |
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When is amendment not allowed? |
DJN 1. Amendment for delay 2. to confer jurisdiction (if RP filed) 3. cure NON-existing cause of action |
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What is a formal amendment? |
DCT 1. Mere defect indesignation of the parties 2. Other clearlyclerical / typographical errors |
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How is a formal amendment done? |
IMPS 1. Court’sinitiative / on motion 2. Noprejudice to adverse party 3. At any stage ofthe action |
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Amend to conform to the evidence presented |
ICF 1. Treated as if in pleadings 2. Amendment of pleadings to conform w/ evidence 3. Failure to amend does not affect result of trial of these issues |
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WHen can court amendment w/o motion? |
FBM 1. Formal amendment 2. Bill ofparticulars, court can order compliance OR amendment 3. MTD, court caneither grant, deny, or order an amendment |
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What is a supplemental pleading? |
One setting forthtransactions, occurrences, or events (TOE) which have happened AFTER the filingof the original pleading WITH LEAVE OF COURT Note: Answer to complaint is answer to supplemental complaint if no new/supplemental answer filed. |
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what is a bill of particulars? |
Itis a definite statement of any matter which is NOT Averred w/ sufficientdefiniteness/ particularity in a pleading |
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When should a BOP be filed? |
Before responding to a pleading |
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Requirements for BOP + Rule 15 |
DPD 1. Defectscomplained of 2. Paragraphswherein they are contained 3. Details desired. |
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Action by court on BOP |
DOG 1. Deny outright 2. Grant outright 3. Allow parties opportunity to be heard |
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How to comply with BOP order |
WASS 1. W/in 10 days from notice of order 2. Amended pleading 3. Separate pleading 4. Serve copy on adverse party |
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Effect of non-compliance |
Order not obeyed / Insufficient Compliance 1. Strike out pleading 2. strike out portions thereof to which order directed 3. make such other it deems just (e.g. dismissal for non-compliance w/ court order |
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WHat does filling of a BOP stay? |
1. FIle answer 2. File MTD |
