Professional Documents
Culture Documents
1. Party whose signature appears admits that he signed it, or that it was signed by 1. Lack of jurisdiction over the subject matter;
another with his authority 2. Litis pendentia between same parties for the same cause;
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CIVIL PROCEDURE RULES 5-10
3. Res judicata
4. Action barred by statute of limitations.
1. 2. Declaration of Default Refers to facts existing at the time of the Refers to facts arising after the filing of
1. Defendant entitled to notice of motion to declare him in default and of order of commencement of the action the original pleading
default;
Results in the withdrawal of the original Merely an addition, and does NOT result
2. Motion to set aside order of default may be filed after notice and before judgment;
pleading in the withdrawal of, the original pleading
3. Party may make motion, under oath, to set aside order of default upon proper
showing that failure to answer was due to FAME; Can sometimes be made as a matter of Always filed with leave of court
4. Effect of order of default party in default entitled to notice of subsequent right
proceedings but not to take part in trial;
5. Partial default if several defending parties and not all in default, the court shall
try the case against all upon the answers thus filed and evidence presented;
6. After declaration of default, court may render judgment on the basis of the
complaint or require claimant to submit evidence;
7. Judgment against party in default shall not exceed the amount or differ in kind
from that prayed for nor award unliquidated damages;
8. No defaults in action for annulment or declaration of nullity of marriage or for
legal separation.
Amended Supplemental
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