yaml2mindmap/data/civpro.yaml
Marvin Sanchez 5765570617 first upload
2016-08-19 08:53:01 +08:00

279 lines
7.1 KiB
YAML

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