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CIVIL PROCEDURE IN A NUTSHELL

LEVEL ONE: THE TIMELINE OF A CIVIL ACTION (Introduction)

Filing ot the Complaint Serv ice of Summons Filing of the Answer


Finality of J u d g m e n t R e n d i t i o n of Judgment <■■■ Trial Pre-trial Execution
of Judgment.

I. Filing of complaint:

1. What is a complaint?
2. When is it deemed filed?
3. What is the purpose of filing the complaint?
4. What is a docket feee?
5. How is the filing ee determined?
6. What is the effect if the filing fee is not paid?

II. Service of Summons:

1. What is a summons?
2. Who may serve a summons?
3. Upon whom must summons be served if the defendant is a natural person?
4. Upon whom must summons be served if the defendant is a public juridical person?
5. Upon whom must summons be served if the defendant is a private entity7?
6. Upon whom must summons be served if the defendant is a foreign private
entity conducting business in the Philippines?
7. Upon whom must summons be served if the defendant is a foreign private entity not
conducting business in the Philippines?
8. How7 may summons be served?
9. What is the proof that summons has been served?

III. Filing of the Answer:

1. What is an answer?
2. How7 is the answer served?
3. Howr is the answer filed?
4. What may happen if an answer is not filed?

IV. Pre-trial:

1. What is pre-trial?
2. What is a preliminary conference under the regular rules of civil procedure?
3- What is a preliminary conference under Rule on Summary Procedure?
4. What is a pre-trial brief!
5. What is a pre-trial order?
6. What is the consequence if the plaintiff deers not appssr during the pre-
trial in actions governed by the regular niies of cni3 procedure?
7. What is the consequence if the plaintiff does not appear dssir^ the pre-
trial in actions gov erned by the Rule on Summary Procedure?
8. What is the consequence if the defendant does not appear during the pre-
trial in actions governed by the regular rules of crvfl procedure?
9. What is the consequence if the defendant does not appear during the pre-
trial in actions gov erned b the Rule on Summary Procedure?

10. What is the effect if a party falls to file a pre-trial brief?

V. Trial:

1. What is trial?
2. What is evidence?
3. What is the order of trial?
4. When may judgment be rendered without a complete trial?

VI Rendition of Judgment:
1. What is a judgment?
2. What are the requisites of a valid judgment?
3. When may a judgment be rendered?
4. When may a judgment deemed rendered?
5. What are your remedies against a judgment?
6. What are the kinds of judgments according to the prestation stated
in the fallo?

VII. Finality of Judgment:


1. When does a judgment become final?
2. What can you do so that the judgment will not become final?
3. What are the consequences if the judgment becomes final?
4. What judgments are immediately final, hence, executory?
5. What judgments are immediately executory even if it is not yet final?
6. What is the doctrine of immutability of a final judgment?
7. What are the exceptions to the doctrine of immutability of judgment?
8. What are your remedies against a final judgment?

VIII. Execution of Judgment:


1. What is execution of judgment?
2. What is a writ of execution?
3. What is the duration of the validity of a writ of execution?
4. What are your remedies against a writ of execution?
5. How will you stay the execution of a judgment pending appeal?
6. In general, how may a judgment be executed?
7. What is revival of judgment?
8. How is a judgment for money executed or enforced?
9. How is a judgment for a specific act executed or enforced?
10. How is a special judgment executed or enforced?
11 .Who executes a judgment?
.What is a terceria?
u> to

.What is your remedy if your terceria is denied?