[Full text below. See Introduction and Menu; Rule 6; Rule 7; Rule 8; Rule 9; Rule 10; Rule 11; Rule 12; Rule 13; Rule 14; Rule 15; Rule 16 (deleted); Rule 17; Rule 18; Rule 19; Rule 20; Rule 21; Rule 22; Rule 23; Rule 24; Rule 25; Rule 26; Rule 27; Rule 28; Rule 29; Rule 30; Rule 31; Rule 32; Rule 33; Rule 34; Rule 35. See also: Summary / Discussion on Motions.]

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RULE 15

MOTIONS 

Section 1. Motion defined. – A motion is an application for relief other than by a pleading. (1) 

Section 2. Motions must be in writing. — All motions shall be in writing except those made in open court or in the course of a hearing or trial. 

A motion made in open court or in the course of a hearing or trial should immediately be resolved in open court, after the adverse party is given the opportunity to argue his or her opposition thereto. 

When a motion is based on facts not appearing on record, the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. (2a) 

Section 3. Contents. – A motion shall state the relief sought to be obtained and the grounds upon which it is based, and if required by these Rules or necessary to prove facts alleged therein, shall be accompanied by supporting affidavits and other papers. (3) 

[Section 4. Hearing of motion. — Deleted] 

Section 4. Non-litigious motions. — Motions which the court may act upon without prejudicing the rights of adverse parties are non-litigious motions. These motions include:

a)  Motion for the issuance of an alias summons; 

b)  Motion for extension to file answer; 

c)  Motion for postponement; 

d)  Motion for the issuance of a writ of execution; 

e)  Motion for the issuance of an alias writ of execution; 

f)  Motion for the issuance of a writ of possession; 

g)  Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and 

h) Other similar motions. 

These motions shall not be set for hearing and shall be resolved by the court within five (5) calendar days from receipt thereof. (n) 

Section 5. Litigious motions. — (a) Litigious motions include: 

1) Motion for bill of particulars; 

2) Motion to dismiss; 

3) Motion for new trial; 

4) Motion for reconsideration; 

5) Motion for execution pending appeal; 

6) Motion to amend after a responsive pleading has been filed; 

7) Motion to cancel statutory lien; 

8) Motion for an order to break in or for a writ of demolition; 

9) Motion for intervention; 

10) Motion for judgment on the pleadings; 

11) Motion for summary judgment; 

12) Demurrer to evidence; 

13) Motion to declare defendant in default; and 

14) Other similar motions.

(b) All motions shall be served by personal service, accredited private courier or registered mail, or electronic means so as to ensure their receipt by the other party.

(c) The opposing party shall file his or her opposition to a litigious motion within five (5) calendar days from receipt thereof. No other submissions shall be considered by the court in the resolution of the motion.

The motion shall be resolved by the court within fifteen (15) calendar days from its receipt of the opposition thereto, or upon expiration of the period to file such opposition. (n) 

Section. 6. Notice of hearing on litigious motions; discretionary. — The court may, in the exercise of its discretion, and if deemed necessary for its resolution, call a hearing on the motion. The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing. (5a) 

Section 7. Proof of service necessary. — No written motion shall be acted upon by the court without proof of service thereof, pursuant to Section 5(b) hereof. (6a)

Section 8. Motion day. — Except for motions requiring immediate action, where the court decides to conduct hearing on a litigious motion, the same shall be set on a Friday. (7a) 

Section 9. Omnibus motion. — Subject to the provisions of Section 1 of Rule 9, a motion attacking a pleading, order, judgment, or proceeding shall include all objections then available, and all objections not so included shall be deemed waived. (8a) 

Section 10. Motion for leave. — A motion for leave to file a pleading or motion shall be accompanied by the pleading or motion sought to be admitted. (9) 

Section 11. Form. — The Rules applicable to pleadings shall apply to written motions so far as concerns caption, designation, signature, and other matters of form. (10) 

Section. 12. Prohibited motions. — The following motions shall not be allowed: 

(a)  Motion to dismiss except on the following grounds: 

1)  That the court has no jurisdiction over the subject matter of the claim; 

2)  That there is another action pending between the same parties for the same cause; and 

3)  That the cause of action is barred by a prior judgment or by the statute of limitations; 

(b)  Motion to hear affirmative defenses; 

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

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

(e)  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 

(f)  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. 

A motion for postponement, whether written or oral, shall, at all times, be accompanied by the original official receipt from the office of the clerk of court evidencing payment of the postponement fee under Section 21(b), Rule 141, to be submitted either at the time of the filing of said motion or not later than the next hearing date. The clerk of court shall not accept the motion unless accompanied by the original receipt. (n) 

Section. 13. Dismissal with prejudice. — Subject to the right of appeal, an order granting a motion to dismiss or an affirmative defense that the cause of action is barred by a prior judgment or by the statute of limitations; that the claim or demand set forth in the plaintiff’s pleading has been paid, waived, abandoned or otherwise extinguished; or that the claim on which the action is founded is unenforceable under the provisions of the statute of frauds, shall bar the refiling of the same action or claim. (5, R16) 

[Rule 17. Dismissal of Actions]