2.

EXCEPTIONS: WHERE THE LAW REQUIRES NOTARIZATON AS

A REQUISITE FOR VALIDITY.

1. DONATION OF IMMOVABLE PROPERTY – ARTICLE 749 OF

THE CIVIL CODE

Art. 749. In order that the donation of an immovable may be

valid, it must be made in a public document, specifying therein
the property donated and the value of the charges which the
donee must satisfy.

The acceptance may be made in the same deed of donation or

in a separate public document, but it shall not take effect unless
it is done during the lifetime of the donor.

If the acceptance is made in a separate instrument, the donor

shall be notified thereof in an authentic form, and this step shall
be noted in both instruments. (633)

2. PARTNERSHIP WHERE IMMOVABLE IS CONTRIBUTED –

1771 TO 1773 OF THE CIVIL CODE

Art. 1771. A partnership may be constituted in any form, except

where immovable property or real rights are contributed thereto, in
which case a public instrument shall be necessary. (1667a)

Art. 1772. Every contract of partnership having a capital of three

thousand pesos or more, in money or property, shall appear in a
public instrument, which must be recorded in the Office of the
Securities and Exchange Commission.

Failure to comply with the requirements of the preceding

paragraph shall not affect the liability of the partnership and the
members thereof to third persons. (n)

Art. 1773. A contract of partnership is void, whenever immovable

property is contributed thereto, if an inventory of said property is
not made, signed by the parties, and attached to the public
instrument. (1668a)
 3. NOTARIAL WILL – ARTICLE 805 – 806 OF THE CIVIL CODE

Art. 805. Every will, other than a holographic will, must be

subscribed at the end thereof by the testator himself or by the
testator's name written by some other person in his presence, and
by his express direction, and attested and subscribed by three or
more credible witnesses in the presence of the testator and of one
another.

The testator or the person requested by him to write his name and
the instrumental witnesses of the will, shall also sign, as aforesaid,
each and every page thereof, except the last, on the left margin,
and all the pages shall be numbered correlatively in letters placed
on the upper part of each page.

The attestation shall state the number of pages used upon which
the will is written, and the fact that the testator signed the will and
every page thereof, or caused some other person to write his
name, under his express direction, in the presence of the
instrumental witnesses, and that the latter witnessed and signed
the will and all the pages thereof in the presence of the testator
and of one another.

If the attestation clause is in a language not known to the

witnesses, it shall be interpreted to them. (n)

Art. 806. Every will must be acknowledged before a notary public

by the testator and the witnesses. The notary public shall not be
required to retain a copy of the will, or file another with the Office
of the Clerk of Court. (n)

4. REGISTRATION OF DOCUMENTS, FORMS IN

CONVEYANCING – S112 OF PD NO 1528

Section 112. Forms in conveyancing. The Commissioner of Land

Registration shall prepare convenient blank forms as may be
necessary to help facilitate the proceedings in land registration
and shall take charge of the printing of land title forms.

Deeds, conveyances, encumbrances, discharges, powers of

attorney and other voluntary instruments, whether affecting
registered or unregistered land, executed in accordance with law
in the form of public instruments shall be registerable: Provided,
that, every such instrument shall be signed by the person or
persons executing the same in the presence of at least two
witnesses who shall likewise sign thereon, and shall
acknowledged to be the free act and deed of the person or persons
executing the same before a notary public or other public officer
authorized by law to take acknowledgment. Where the instrument
so acknowledged consists of two or more pages including the
page whereon acknowledgment is written, each page of the copy
which is to be registered in the office of the Register of Deeds, or if
registration is not contemplated, each page of the copy to be kept
by the notary public, except the page where the signatures already
appear at the foot of the instrument, shall be signed on the left
margin thereof by the person or persons executing the instrument
and their witnesses, and all the ages sealed with the notarial seal,
and this fact as well as the number of pages shall be stated in the
acknowledgment. Where the instrument acknowledged relates to a
sale, transfer, mortgage or encumbrance of two or more parcels of
land, the number thereof shall likewise be set forth in said
acknowledgment.

5. ARTICLE 1498 AND 1544 OF THE CIVIL CODE

Art. 1498. When the sale is made through a public instrument, the
execution thereof shall be equivalent to the delivery of the thing
which is the object of the contract, if from the deed the contrary
does not appear or cannot clearly be inferred.

With regard to movable property, its delivery may also be made by

the delivery of the keys of the place or depository where it is
stored or kept. (1463a)

Art. 1544. If the same thing should have been sold to different
vendees, the ownership shall be transferred to the person who
may have first taken possession thereof in good faith, if it should
be movable property.

Should it be immovable property, the ownership shall belong to

the person acquiring it who in good faith first recorded it in the
Registry of Property.
Should there be no inscription, the ownership shall pertain to the
person who in good faith was first in the possession; and, in the
absence thereof, to the person who presents the oldest title,
provided there is good faith. (1473)

6. EFFECTIVITY AS AGAINST 3RD PERSONS, ASSIGNMENT OF

CREDITS AND PARTNERSHIP HAVING A CAPITAL OF 3,000
OR MORE – ARTICLE 1625 AND 1771 – 1773 OF THE CIVIL
CODE

Art. 1625. An assignment of a credit, right or action shall produce

no effect as against third person, unless it appears in a public
instrument, or the instrument is recorded in the Registry of
Property in case the assignment involves real property. (1526)

Art. 1771. A partnership may be constituted in any form, except

where immovable property or real rights are contributed thereto, in
which case a public instrument shall be necessary. (1667a)

Art. 1772. Every contract of partnership having a capital of three

thousand pesos or more, in money or property, shall appear in a
public instrument, which must be recorded in the Office of the
Securities and Exchange Commission.

Failure to comply with the requirements of the preceding

paragraph shall not affect the liability of the partnership and the
members thereof to third persons. (n)

Art. 1773. A contract of partnership is void, whenever immovable

property is contributed thereto, if an inventory of said property is
not made, signed by the parties, and attached to the public
instrument. (1668)

3. RESPONSIBILITIES OF LAWYERS CONCERNING LEGAL

DOCUMENTS

1. RULE 7 TO 9; SECTION 11, RULES 13 OF THE RULES OF

COURT

RULE 7
Parts of a Pleading
SECTION 1. Caption. — The caption sets forth the name of the
court, the title of the action, and the docket number if assigned.
The title of the action indicates the names of the parties. They shall
all be named in the original complaint or petition; but in
subsequent pleadings, it shall be sufficient if the name of the first
party on each side be stated with an appropriate indication when
there are other parties. EeidrI
Their respective participation in the case shall be indicated. (1a,
2a)
SECTION 2. The body. — The body of the pleading sets forth its
designation, the allegations of the party's claims or defenses, the
relief prayed for, and the date of the pleading. (n) msPIam
(a) Paragraphs. — The allegations in the body of a
pleading shall be divided into paragraphs so
numbered as to be readily identified, each of
which shall contain a statement of a single set of
circumstances so far as that can be done with
convenience. A paragraph may be referred to by
its number in all succeeding pleadings.
(3a) emmPdL
(b) Headings. — When two or more causes of action
are joined, the statement of the first shall be
prefaced by the words, "first cause of action," of
the second by "second cause of action," and so
on for the others.
When one or more paragraphs in the
answer are addressed to one of several causes
of action in the complaint, they shall be prefaced
by the words "answer to the first cause of
action" or "answer to the second cause of
action" and so on; and when one or more
paragraphs of the answer are addressed to
several causes of action, they shall be prefaced
by words to that effect. (4)
(c) Relief . — The pleading shall specify the relief
sought, but it may add a general prayer for such
further or other relief as may be deemed just or
equitable. (3a, R6) Emoasw
 (d) Date. — Every pleading shall be dated. (n)
SECTION 3. Signature and address. — Every pleading must be
signed by the party or counsel representing him, stating in either
case his address which should not be a post office box. iaoLdu
The signature of counsel constitutes a certificate by him that he
has read the pleading; that to the best of his knowledge,
information, and belief there is good ground to support it; and that
it is not interposed for delay.
An unsigned pleading produces no legal effect. However, the court
may, in its discretion, allow such deficiency to be remedied if it
shall appear that the same was due to mere inadvertence and not
intended for delay. Counsel who deliberately files an unsigned
pleading, or signs a pleading in violation of this Rule, or alleges
scandalous or indecent matter therein, or fails to promptly report
to the court a change of his address, shall be subject to
appropriate disciplinary action. (5a)
SECTION 4. Verification. — Except when otherwise specifically
required by law or rule, pleadings need not be under oath, verified
or accompanied by affidavit.
A pleading is verified by an affidavit that the affiant has read the
pleading and that the allegations therein are true and correct of his
personal knowledge or based on authentic records.
A pleading required to be verified which contains a verification
based on "information and belief", or upon "knowledge,
information and belief," or lacks a proper verification, shall be
treated as an unsigned pleading. (4a) (As amended by SC Circular
No. 48-00, effective May 1, 2000.) rowmdI
SECTION 5. Certification against forum shopping. — The plaintiff
or principal party shall certify under oath in the complaint or other
initiatory pleading asserting a claim for relief, or in a sworn
certification annexed thereto and simultaneously filed therewith:
(a) that he has not theretofore commenced any action or filed any
claim involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of his knowledge, no such other
action or claim is pending therein; (b) if there is such other
pending action or claim, a complete statement of the present
status thereof; and (c) if he should thereafter learn that the same or
similar action or claim has been filed or is pending, he shall report
that fact within five (5) days therefrom to the court wherein his
aforesaid complaint or initiatory pleading has been filed. uaiden
Failure to comply with the foregoing requirements shall not be
curable by mere amendment of the complaint or other initiatory
pleading but shall be cause for the dismissal of the case without
prejudice, unless otherwise provided, upon motion and after
hearing. The submission of a false certification or non-compliance
with any of the undertakings therein shall constitute indirect
contempt of court, without prejudice to the corresponding
administrative and criminal actions. If the acts of the party or his
counsel clearly constitute willful and deliberate forum shopping,
the same shall be ground for summary dismissal with prejudice
and shall constitute direct contempt, as well as a cause for
administrative sanctions. (n) cdphil
RULE 8
Manner of Making Allegations in Pleadings
SECTION 1. In general. — Every pleading shall contain in a
methodical and logical form, a plain, concise and direct
statement of the ultimate facts on which the party pleading
relies for his claim or defense, as the case may be, omitting the
statement of mere evidentiary facts. (1) iumnes
If a defense relied on is based on law, the pertinent
provisions thereof and their applicability to him shall be clearly
and concisely stated. (n)
SECTION 2. Alternative causes of action or defenses. — A party
may set forth two or more statements of a claim or defense
alternatively or hypothetically, either in one cause of action or
defense or in separate causes of action or defenses. When two or
more statements are made in the alternative and one of them if
made independently would be sufficient, the pleading is not made
insufficient by the insufficiency of one or more of the alternative
statements. (2) domwti
SECTION 3. Conditions precedent. — In any pleading a general
averment of the performance or occurrence of all conditions
precedent shall be sufficient. (3)
SECTION 4. Capacity. — Facts showing the capacity of a party to
sue or be sued or the authority of a party to sue or be sued in a
representative capacity or the legal existence of an organized
association of persons that is made a party, must be averred. A
party desiring to raise an issue as to the legal existence of any
party or the capacity of any party to sue or be sued in a
representative capacity, shall do so by specific denial, which shall
include such supporting particulars as are peculiarly within the
pleader's knowledge. (4) cdta
SECTION 5. Fraud, mistake, condition of the mind. — In all
averments of fraud or mistake, the circumstances constituting
fraud or mistake must be stated with particularity. Malice, intent,
knowledge or other condition of the mind of a person may be
averred generally. (5a) EELnmL
SECTION 6. Judgment. — In pleading a judgment or decision of a
domestic or foreign court, judicial or quasi-judicial tribunal, or of a
board or officer, it is sufficient to aver the judgment or decision
without setting forth matter showing jurisdiction to render it. (6)
SECTION 7. Action or defense based on document. — Whenever
an action or defense is based upon a written instrument or
document, the substance of such instrument or document shall be
set forth in the pleading, and the original or a copy thereof shall be
attached to the pleading as an exhibit, which shall be deemed to be
a part of the pleading, or said copy may with like effect be set forth
in the pleading. (7) otoLaE
SECTION 8. How to contest such documents. — When an action or
defense is founded upon a written instrument, copied in or
attached to the corresponding pleading as provided in the
preceding section, the genuineness and due execution of the
instrument shall be deemed admitted unless the adverse party,
under oath, specifically denies them, and sets forth what he claims
to be the facts; but the requirement of an oath does not apply
when the adverse party does not appear to be a party to the
instrument or when compliance with an order for an inspection of
the original instrument is refused. (8a) dimari
SECTION 9. Official document or act. — In pleading an official
document or official act, it is sufficient to aver that the document
was issued or the act done in compliance with law. (9)
SECTION 10. Specific denial. — A defendant must specify each
material allegation of fact the truth of which he does not admit and,
whenever practicable, shall set forth the substance of the matters
upon which he relies to support his denial. Where a defendant
desires to deny only a part of an averment, he shall specify so
much of it as is true and material and shall deny only the
remainder. Where a defendant is without knowledge or information
sufficient to form a belief as to the truth of a material averment
made in the complaint, he shall so state, and this shall have the
effect of a denial. (10a) ssmuPm
SECTION 11. Allegations not specifically denied deemed admitted.
— Material averment in the complaint, other than those as to the
amount of unliquidated damages, shall be deemed admitted when
not specifically denied. Allegations of usury in a complaint to
recover usurious interest are deemed admitted if not denied under
oath. (1a, R9)
SECTION 12. Striking out of pleading or matter contained therein.
— Upon motion made by a party before responding to a pleading
or, if no responsive pleading is permitted by these Rules, upon
motion made by a party within twenty (20) days after the service of
the pleading upon him, or upon the court's own initiative at any
time, the court may order any pleading to be stricken out or that
any sham or false, redundant, immaterial, impertinent, or
scandalous matter be stricken out therefrom. (5, R9) uwiiEP
RULE 9
Effect of Failure to Plead
SECTION 1. Defenses and objections not pleaded. — Defenses and
objections not pleaded either in a motion to dismiss or in the
answer are deemed waived. However, when it appears from the
pleadings or the evidence on record that the court has no
jurisdiction over the subject matter, that there is another action
pending between the same parties for the same cause, or that the
action is barred by a prior judgment or by statute of limitations, the
court shall dismiss the claim. (2a) aiPirm
SECTION 2. Compulsory counterclaim, or cross-claim not set up
barred. — A compulsory counterclaim, or a cross-claim, not set up
shall be barred. (4a)
SECTION 3. Default; declaration of . — If the defending party fails
to answer within the time allowed therefor, the court shall, upon
motion of the claiming party with notice to the defending party,
and proof of such failure, declare the defending party in default.
Thereupon, the court shall proceed to render judgment granting
the claimant such relief as his pleading may warrant, unless the
court in its discretion requires the claimant to submit evidence.
Such reception of evidence may be delegated to the clerk of court.
(1a, R18) mwwLmr
(a) Effect of order of default. — A party in default shall
be entitled to notice of subsequent proceedings
but not to take part in the trial. (2a, R18)
(b) Relief from order of default. — A party declared in
default may at any time after notice thereof and
before judgment file a motion under oath to set
aside the order of default upon proper showing
that his failure to answer was due to fraud,
accident, mistake or excusable negligence and
that he has a meritorious defense. In such case,
the order of default may be set aside on such
terms and conditions as the judge may impose
in the interest of justice. (3a, R18) eoEouu
(c) Effect of partial default. — When a pleading
asserting a claim states a common cause of
action against several defending parties, some
of whom answer and the others fail to do so, the
court shall try the case against all upon the
answers thus filed and render judgment upon
the evidence presented. (4a, R18)
(d) Extent of relief to be awarded. — A judgment
rendered against a party in default shall not
exceed the amount or be different in kind from
that prayed for nor award unliquidated damages.
(5a, R18) iaEeuL
(e) Where no defaults allowed. — If the defending
party in an action for annulment or declaration
of nullity of marriage or for legal separation fails
to answer, the court shall order the prosecuting
attorney to investigate whether or not a
collusion between the parties exists, and if there
is no collusion, to intervene for the State in
order to see to it that the evidence submitted is
not fabricated. (6a, R18)
 1. Section 11, Rule 13 of the Rules of Court

SECTION 11. Priorities in modes of service and filing. — Whenever

practicable, the service and filing of pleadings and other papers
shall be done personally. Except with respect to papers emanating
from the court, a resort to other modes must be accompanied by a
written explanation why the service or filing was not done
personally. A violation of this Rule may be cause to consider the
paper as not filed.

2. Sec. 139 of Local Government Code of 1991

Section 139. Professional Tax. -

(a) The province may levy an annual professional tax on each

person engaged in the exercise or practice of his profession
requiring government examination at such amount and
reasonable classification as the sangguniang panlalawigan may
determine but shall in no case exceed Three hundred pesos
(P300.00).

(b) Every person legally authorized to practice his profession

shall pay the professional tax to the province where he
practices his profession or where he maintains his principal
office in case he practices his profession in several places:
Provided, however, That such person who has paid the
corresponding professional tax shall be entitled to practice his
profession in any part of the Philippines without being
subjected to any other national or local tax, license, or fee for
the practice of such profession.

(c) Any individual or corporation employing a person subject to

professional tax shall require payment by that person of the tax
on his profession before employment and annually thereafter.

(d) The professional tax shall be payable annually, on or before

the thirty-first (31st) day of January. Any person first beginning
to practice a profession after the month of January must,
however, pay the full tax before engaging therein. A line of
profession does not become exempt even if conducted with
some other profession for which the tax has been paid.
Professionals exclusively employed in the government shall be
exempt from the payment of this tax.

(e) Any person subject to the professional tax shall write in

deeds, receipts, prescriptions, reports, books of account, plans
and designs, surveys and maps, as the case may be, the
number of the official receipt issued to him.

3. Bar Matter No. 287

[B.M. No. 287. September 26, 2000]

RE: REQUIREMENT FOR PYMT. OF CURRENT IBP DUES

EN BANC

Gentlemen:

Quoted hereunder for your information, is a resolution of this

Court dated SEPT 26 2000.

B.M. No. 287 (Re: Requirement that Official Receipt Number and
Date of Payment of Current IBP Membership Dues Be Indicated
By Counsel Per IBP Resolution No. XIV-1999-63.)

The Resolution dated 9 July 1985 is further amended to read as

follows:

All pleadings, motions and papers filed in court, whether

personally or by mail, shall bear counsel's current IBP
official receipt number and date of issue, otherwise, such
pleadings, motions and papers may not be acted uponby
the court, without prejudice to whatever disciplinary
action the court may take against the erring counsel who
shall likewise be required to comply with the requirement
within five (5) days from notice. Failure to comply with
such requirement shall be a ground for further
disciplinary sanction and for contempt of court.

The number and date of such official receipt for the

current year may continually be indicated thereon until
the end of February of the succeeding year.
This amended Resolution shall take effect on 1 December 2000
and shall be published in two (2) newspapers of general
circulation in the Philippines not later than 20 October 2000.

The Court Administrator is directed to furnish immediately all

lower courts and the Integrated Bar of the Philippines with
copies of this Resolution.

Very truly yours,

4. Bar Matter no. 1132

[B.M. No. 1132.November 12, 2002]

RE:REQUEST TO REQUIRE LAWYERS TO INDICATE IN THE
PLEADING THEIR NUMBER IN THE ROLL OF ATTYS.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this

Court dated 12 NOV 2002.

Bar Matter No. 1132(Re:Request to Require Lawyers to Indicate

in the Pleading their Number in the Roll of Attorneys.)

The Court Resolved, upon recommendation of the Office of the

Bar Confidant, to GRANT the request of the Board of Governors
of the Integrated Bar of the Philippines and the Sangguniang
Panlalawigan of Ilocos Norte to require all lawyers to indicate
their Roll of Attorneys Number in all papers or pleadings
submitted to the various judicial or quasi-judicial bodies in
addition to the requirement of indicating the current
Professional Tax Receipt (PTR) and the IBP Official Receipt or
Life Member Number.

5. A.M. No. 07-6-5-SC dated July 10, 2007 re: statement of

contact details (e.g., telephone number, fax number, cellular
phone number or e-mail address) of parties or their counsels
in all papers and pleadings filed with the Supreme Court.

6. BAR MATTER NO. 1922

B.M. No. 1922 June 3, 2008

RE. NUMBER AND DATE OF MCLE CERTIFICATE OF

COMPLETION/EXEMPTION REQUIRED IN ALL
PLEADINGS/MOTIONS.

Sirs/Mesdames:

Quoted hereunder, for your information is a resolution of the

Court En Banc dated June 3, 2008

"Bar Matter No. 1922. – Re: Recommendation of the Mandatory

Continuing Legal Education (MCLE) Board to Indicate in All
Pleadings Filed with the Courts the Counsel’s MCLE Certificate
of Compliance or Certificate of Exemption. – The Court
Resolved to NOTE the Letter, dated May 2, 2008, of Associate
Justice Antonio Eduardo B. Nachura, Chairperson, Committee
on Legal Education and Bar Matters, informing the Court of the
diminishing interest of the members of the Bar in the MCLE
requirement program.

The Court further Resolved, upon the recommendation of the

Committee on Legal Education and Bar Matters,
to REQUIRE practicing members of the bar to INDICATE in all
pleadings filed before the courts or quasi-judicial bodies, the
number and date of issue of their MCLE Certificate of
Compliance or Certificate of Exemption, as may be applicable,
for the immediately preceding compliance period. Failure to
disclose the required information would cause the dismissal of
the case and the expunction of the pleadings from the records.

The New Rule shall take effect sixty (60) days after its
publication in a newspaper of general circulation.

7. AM. NO. 05-11-07-CTA S6 RULE 6

SEC. 6. Entry of appearance. – An attorney may enter his

appearance by signing the initial pleading. An attorney may
later enter his appearance only by filing an entry of appearance
with the written conformity of his client.

The initial pleading or entry of appearance shall show:

 (1) The attorney’s specific address which must not be a Post
Office Box number;

(2) His Roll of Attorney’s Number;

(3) The date and number of his current membership due in the
Integrated Bar of the Philippines (IBP) per Official Receipt, or
Lifetime Member Number;

(4) Current Professional Tax Receipt (PTR) number together

with date and place of issuance; and

(5) MCLE certificate number and date of issue, unless exempt.

The attorney or party entering his appearance shall serve a

copy of the entry of appearance upon the opposing party. An
attorney who appears in open court without previously having
filed his written appearance must give his business address to
the Clerk of Court and file his written appearance within forty-
eight hours from such open court appearance. An attorney or
party who has filed his appearance and who changes his
address of record shall notify the Clerk of Court and the adverse
party of such change of address, and a separate notice of such
change of address shall be filed for each additional case.
(RCTA, Rule 10, sec. 1a)

8. BAR MATTER NO. 2012, PROPOSED RULE ON MANDATORY

LEGAL AID SERVICE FOR PRACTICING LAWYERS

9. RULE 15 OF THE RULES OF COURT

RULE 15
MOTIONS
Section 1. Motion defined.
A motion is an application for relief other than by a pleading.

Sec. 2. Motions must be in writing.

All motions shall be in writing except those made in open court
or in the course of a hearing or trial.
Sec. 3. Contents.
A motion shall state the relief sought to be obtained and the
grounds upon which it is based, and if required by these Rules
or necessary to prove facts alleged therein, shall be
accompanied by supporting affidavits and other papers.

Sec. 4. Hearing of motion.

Except for motions which the court may act upon without
prejudicing the rights of the adverse party, every written motion
shall be set for hearing by the applicant.
Every written motion required to be heard and the notice of the
hearing thereof shall be served in such a manner as to ensure
its receipt by the other party at least three (3) days before the
date of hearing, unless the court for good cause sets the
hearing on shorter notice.

Sec. 5. Notice of hearing.

The notice of hearing shall be addressed to all parties
concerned, and shall specify the time and date of the hearing
which must not be later than ten (10) days after the filing of the
motion.

Sec. 6. Proof of service necessary.

No written motion set for hearing shall be acted upon by the
court without proof of service thereof.

Sec. 7. Motion day.

Except for motions requiring immediate action, all motions shall
be scheduled for hearing on Friday afternoons, or if Friday is a
non-working day, in the afternoon of the next working day.

Sec. 8. Omnibus motion.

Subject to the provisions of section 1 of Rule 9, a motion
attacking a pleading, order, judgment, or proceeding shall
include all objections then available, and all objections not so
included shall be deemed waived.

Sec. 9. Motion for leave.

A motion for leave to file a pleading or motion shall be
accompanied by the pleading or motion sought to be admitted.
Sec. 10. Form.
The Rules applicable to pleadings shall apply to written motions
so far as concerns caption, designation, signature, and other
matters of form.