Category Archives: Litigation

Guidelines for Courts in Areas Placed under GCQ from 16 to 31 May 2020 (Administrative Circular No. 40-2020)

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[On 15 May 2020, the Supreme Court issued Administrative Circular No. 40-2020, providing for guidelines for courts in areas placed under General Community Quarantine (GCQ) from 16 to 31 May 2020 (court hearings allowed; deadlines extended for 30 days counted from 1 June 2020). Areas under Modified Enhanced Community Quarantine (MECQ) are covered by a separate issuance, Administrative Circular No. 39-2020. The full text of Administrative Circular No. 40-2020 is reproduced below for easy reference.]

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Suspension of Court Hearings and Extension of Deadlines during MECQ until 31 May 2020 (Administrative Circular No. 39-2020)

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[Courts in areas covered by the MECQ shall remain physically closed, and deadlines falling due up to 31 May 2020 are extended for 30 calendar days, counted from 1 June 2020. Note that this is only for MECQ areas (update: new quarantine classifications from 1 to 15 June 2020). For areas under General Community Quarantine (GCQ), refer to Administrative Circular No 40-2020. Refer also to the previous guidelines.]

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Kinds of Pleadings: Summary/Discussion re 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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Pleadings are the written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment. The 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020, retains most of the provisions of Rule 6 (Kinds of Pleadings) under the 1997 Rules. [The summary of other Rules may be tracked through the Menu.]

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Manner of Making Allegations in Pleadings: Summary/Discussion re 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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There are significant changes provided in the 2019 Proposed Amendments to the 1997 Rules of Civil Procedure (hereinafter, “2019 Amendments”), which takes effect on 1 May 2020. This is a summary/discussion of Rule 8 (Manner of Making Allegations in Pleadings). The summary of other Rules may be tracked through the Menu.

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Electronic Filing and Service: Summary/Discussion re 2019 Proposed Amendments to the 1997 Rules of Civil Procedure

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The most significant amendments pertain to electronic means of filing and service. Every judgment, resolution, order, pleading subsequent to the complaint, written motion, notice, appearance, demand, offer of judgment or similar papers shall be filed with the court, and served upon the parties affected. The amendments are discussed below.

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