Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Civil Procedure › Motions (Rule 15)
1. Distinguished from Pleadings
MOTION
An application for relief other than by a pleading. It has facts based on relief and facts based on claims. It is NOT a pleading since it does not have claims or defenses.
MOTION VERSUS PLEADINGS
MOTION - is an application for relief OTHER THAN a pleading.
PLEADINGS - are those allowed under Rule 6, Sec. 2.
| PLEADING | PLEADING |
| Is a submission of claims or defenses for appropriate judgment | Is an application for an order not included in the judgment |
| May be initiatory | Cannot be initiatory as motions are made in a case already filed in court |
| Must be written | May be oral when made in open court or in the course of a hearing or a trial |
| Must be filed before judgment | May be filed after judgment |
Note that under service of pleadings, papers, and other court submissions, leaving copies thereof at the office of the party, counsel, or authorized representative or leaving it in his or her residence to a person of sufficient age or discretion is considered personal service. Meanwhile, under service of summons, the same manner of service is considered as substituted service. (see Sec. 6, Rule 13 and Sec. 6, Rule 14).
MOTION
An application for relief other than by a pleading.
| PLEADING | MOTION |
| Is a submission of claims or defenses for appropriate judgment | Is an application for an order not included in the judgment |
| May be initiatory | Cannot be initiatory as motions are made in a case already filed in court |
| Must be written | May be oral when made in open court or in the course of a hearing or a trial |
| Must be filed before judgment | May be filed after judgment |
Authorities
- Rules of Court, Rule 6, Sec. 2
- Rules of Court, Sec. 6