2. Litigious and Non-litigious Motions

Exceptions

• Motions made in open court;
• Motions made in the course of a hearing or trial. Rules that apply to pleadings shall also apply to written motions as to caption, designation, signature and other matters of form.

NON-LITIGIOUS MOTIONS (Rule 15, Sec. 4)

• Motion for the issuance of alias summons
• Motion for the extension to file answer
• Motion for postponement
• Motion for the issuance of writ of execution
• Motion for the issuance of an alias writ of execution
• Motion for the issuance of a writ of possession
• Motion for the issuance of an order directing the sheriff to execute the final certificate of sale; and
• Other similar motions. (Rule 15, Sec. 4)

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

LITIGIOUS MOTIONS (Rule 15, Sec. 5)

• Motion for bill of particulars
• Motion to dismiss
• Motion for new trial
• Motion for reconsideration
• Motion for execution pending appeal
• Motion to amend after responsive pleading has been filed
• Motion to cancel statutory lien
• Motion for an order to break in or for a writ of demolition
• Motion for intervention
• Motion for judgment on the pleadings
• Motion for summary judgment
• Demurrer to evidence
• Motion to declare defendant in defaults; and
• Other similar motions. (Rule 15, Sec. 5)

All motions shall be served by personal service, accredited private courier, or registered mail, or by electronic means.

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