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