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litis pendencia
prescription
res judicata
Answer
Failure if the defendant to file an
answer will entitle the plaintiff to file a
motion to declare the defendant in
default.
Third-party
complaint
the
defendant may bring in the third
person into the suit and implead him
as a party.
Reply Plaintiff respond to the
answer. This response is done through
a pleading.
A reply, unlike the answer, is not a
compulsory pleading. While the failure
to file an answer may lead to a
declaration of default, the failure to
file a reply does not have the same
consequence.
The failure to file a reply will not
likewise
result
in
the
implied
admission of the material allegations
in the answer because allegations of
new matters in the answer even if not
replied to, are deemed controverted or
denied.
Intervention if at any time before
judgment, a person not a party to the
action believes that he has a legal
interest in the matter in litigation in a
case in which he is not a party, he
may, with leave of court, file a
complaint-in-intervention in the action
if he asserts a claim against one or all
of the parties.
Answer-in-intervention if a party
unites with the defending party in
Pre-trial
A pre-trial is mandatory and failure to
appear by either party will result in
adverse consequences for the absent
party.
Discovery procedures During pretrial stage and generally at any time
even before pre-trail, the parties may
obtain information from each other
through the employment of devices.
(depositions, interrogatories to parties,
request for admission, production and
inspection of documents, and physical
and mental examinations of persons.)
Trial
Parties present their evidence on their
claims and defenses.
If defendant believes that upon the
facts and the law, the plaintiff is not
entitled to relief, he may, instead of
presenting his own evidence, move for
the dismissal of the case. He does so
by way of a demurrer to evidence.
If demurrer is granted but on appeal
the order of dismissal is reversed, the
defendant is deemed to have waived
his right to present evidence.
A trial is not an indispensable stage of
a civil action.
Judgment
Attack
the
judgment
collaterally when the nullity of
the judgment is plain and
evident on its face.
Execution and
of judgments
Satisfaction