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Declare in Default

Steve Rogers filed a motion to declare Sunrise Development Corporation in default. Rogers served Sunrise with a summons and complaint on April 2, 2020, but more than 30 days have passed and Sunrise has failed to file an answer or request an extension. Rogers is asking the court to issue an order declaring Sunrise in default and setting a date for Rogers to present evidence without Sunrise's participation.

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Jam Yap Pagsuyoin
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57 views2 pages

Declare in Default

Steve Rogers filed a motion to declare Sunrise Development Corporation in default. Rogers served Sunrise with a summons and complaint on April 2, 2020, but more than 30 days have passed and Sunrise has failed to file an answer or request an extension. Rogers is asking the court to issue an order declaring Sunrise in default and setting a date for Rogers to present evidence without Sunrise's participation.

Uploaded by

Jam Yap Pagsuyoin
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Branch 45, City of Manila
STEVE ROGERS,
Plaintiff,
Civil Case No. 12345
-versus- For: Sum of
Money

SUNRISE DEVELOPMENT CORPORATION.


Defendant.

x-----------------------------------------------x
MOTION TO DECLARE IN DEFAULT

Plaintiff Steve Rogers, by counsel, states:

1. Defendant Sunrise Development Corporation (SDC) received both summons and a copy
of the Complaint on April 2, 2020, a fact certified to by the court sheriff. SDC, therefore,
has until May 2, 2020 to file its Answer.

2. More than 30 days have lapsed since it received the summons yet to date, SDC has not
filed the requisite Answer nor has it filed any extension motion for such purpose.
Consequently, SDC deserves to be declared in default.

RELIEF

ACCORDINGLY, Steve asks the Court that after the due proceedings, an order be
issued:
(a) Declaring SDC in default; and
(b) Setting a date convenient to the calendar of both the Court and Plaintiff’s counsel
authorizing Steve to present its evidence ex-parte before the branch clerk of court.

Other reliefs just and equitable are also asked for.

Manila, Philippines. May 10, 2020


(sgd.) ATTY. NATHANIEL
BONIFACIO
Counsel for Defendant
Unit 1, Building X, Mendiola, Manila.
Roll No. 12345
IBP No. 123456:
PTR No. 12456
MCLE I
MCLE II
Copy Furnished;
The President
Sunrise Development Corporation
(Address)

Madam:
Please take notice that the undersigned counsel shall submit the foregoing motion
for the Court’s resolution on May 11, 2020, Friday, at 2:00 PM.
(sgd.) ATTY. NATHANIEL
BONIFACIO
Counsel for Defendant
NOTE: In case of litigious motions such as motions to dismiss or motions to declare the
defendant in default –
a. All motions shall be served by personal service, accredited private courier or registered mail,
or electronic means so as to ensure their receipt by the other party.
b. The opposing party shall file his/her opposition to a litigious motion within five calendar
days from receipt thereof. No other submissions shall be considered by the court in the
resolution of the motion.
c. The motion shall be resolved by the court within 15 calendar days from its receipt of the
opposition thereto, or upon expiration of the period to file such opposition.
d. The court may, in the exercise of its discretion, and if deemed necessary for its resolution,
call a hearing on the motion. The notice of hearing shall be addressed to all parties
concerned, and shall specify the tiem and date of the hearing.

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