mirror of
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279 lines
7.1 KiB
YAML
279 lines
7.1 KiB
YAML
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Civil\nProcedure:
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_css
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style2
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border:2
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margin:4
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borderColor:FF0000
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edge:3
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_class:style2
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_style:
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margin:4
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jurisdiction:
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_class:style2
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of the courts
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over the parties:
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name:over_parties
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over the subject matter
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over the issues
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over the res
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summons:
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name:summons
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modes:
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_class:style2
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personal service
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substituted service
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constructive service (publication):
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identity or whereabouts unknown
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residents temporarily outside
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extra-territorial service
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default:
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remedies
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requisites
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answer with 15,30,60 days
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modes of discovery:
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name:modes_of_disc
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direction:left
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_class:style2
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childrenDirection:down
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depositions:
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name:depositions
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_class:style2
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childrenDirection:down
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with leave:
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in prison
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after obtained jurisdiction, before answer
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without leave
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protection order, for good cause [rule 16]
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motion to terminate or limit [rule 18]:
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conducted in bad faith or in manner\nunreasonably to annoy, embarrass, oppress
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use against:
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present
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represented
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had notice
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used by:
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by any party to impeach, contradict
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deposition of officer, director or managing agent\nby adverse party for any purpose
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deposition of witness for any purpose
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pending action
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before action or pending appeal:
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verified petition
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written interrogatories:
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name:written_inter
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childrenDirection:down
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elicit facts from any adverse party
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party not served may not be\ncompelled to give testimony
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with leave before answer is served\nbecause issues are not yet joined
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versus
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any time after issues have been joined
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scope:
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genuiness of any material and relevant document
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truth of any material and relevant matter
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a mater of fact not related to\nany document for admission or denial
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request for admission:
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MUST be SERVED upon party requested, not his counsel
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relevant and material matters of fact\nnot matters of law, conclusion, opinions
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failure to serve a request-\ncannot be permitted to present evidence\non such fact:
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except for good cause and\nprevent failure of justice
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production and inspection\nof documents:
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vs subpoena:
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limited to parties
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may be before or during trial
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on motion
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physical and mental examination [Rule 28]:
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in a pending action
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mental or physical condition is in controversy
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waiver of privilege [section 4]
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refusal to comply [Rule 29]:
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childrenDirection:down
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compel
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party or counsel, or both pay
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contempt
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other consequences:
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facts or documents deemed established
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refuse claims or defense
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refuse introduction of evidence
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striking out
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staying the proceedings
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dismissing the action or part thereof
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rendering DEFAULT JUDGMENT
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arrest
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payment of reasonable expenses
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actions:
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causes of actions:
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enforcemenf ot right, redress of wrong
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prosecution for acts or omissions punishable
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specpro; establish status, right, fact
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parties:
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childrenDirection:down
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stands to be benefited,\nentitled to avails of the suit
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intervention
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compulsory joinder of indispensable\nwithout whom no final determination can be had
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necessary parties\nif complete relief is to be accorded
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class suit:
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common controversy
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numerous, impracticable to join
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sufficiently numerous and representative as to protect
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death:
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actions that survive
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duty of counsel ~ inform court with 30 days\nname and address of representative:
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childrenDirection:down
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heirs may substitute
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appointment of administrator
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joinder of parties:
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name:join_parties1
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_class:style2
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requisites:
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_class:style2
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childrenDirection:down
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right to relief
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in respect or arising out of same transaction (series)
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common question of law or fact to all\nplaintiffs or defendants
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joinder of actions:
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_class:style2
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splitting
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requisites:
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_class:style2
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joinder of parties:
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name:join_parties2
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no special civil actions
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totality rule (aggregate amount)
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venue, jurisdiction\nRTC, if venue lies therein
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venue of actions
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demurrer to evidence:
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direction:left
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_class:style2
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difference with\ncriminal proceedings
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judgments:
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execution:
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execution pending appeal
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summary judgments
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judgment on the pleadings
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post-judgment\nremedies:
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_class:style2
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motion for new trial\nmotion for reconsideration:
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childrenDirection:down
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new trial:
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FAME:
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prudence could not have\nguared against
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newly discovered evidence:
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diligence;\nchanges the result
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MR:
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excessive
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contrary to law
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not supporte by\nevidence
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appeal
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relief from judgment:
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FAME
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annulment of judgment:
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extrinsic fraud
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lack of jurisdiction\n(including lack of due process)
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collateral attack
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motion to dismiss:
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name:motion_dismiss
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_class:style2
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lack of jurisdiction
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litis pendencia
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res judicata
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prescription
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pleadings:
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direction:left
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amendments:
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matter of right - before responsive
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with leave - after
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supplemental pleadings
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bill of particulars:
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vs modes of discovery:
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name:vs_modes_of_disc
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no applicable:
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direction:left
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elections
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land regsitration
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cadastral
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naturalization
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insolvency
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before the answer:
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name:before_answer
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direction:left
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edges:
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depositions, written_inter
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modes_of_disc, vs_modes_of_disc
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before_answer, motion_dismiss
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join_parties1, join_parties2
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summons, over_parties
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