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Motion For New Trial

This document contains a motion for a new trial in the case of Adrian Gams versus Jeffrey Sups over a collection for a sum of money with damages. The motion argues that 1) the defendant received notice of the decision through fraud, 2) new evidence has been discovered that was not reasonably possible to produce at trial and would alter the outcome, and 3) this new evidence consists of two letters showing the obligation has been paid as shown in affidavits attached. The motion prays that the decision be set aside and a new trial granted, with any other just relief. A notice of hearing for the motion is also included, setting the date as September 30, 2019.

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Lyndon Benido
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171 views2 pages

Motion For New Trial

This document contains a motion for a new trial in the case of Adrian Gams versus Jeffrey Sups over a collection for a sum of money with damages. The motion argues that 1) the defendant received notice of the decision through fraud, 2) new evidence has been discovered that was not reasonably possible to produce at trial and would alter the outcome, and 3) this new evidence consists of two letters showing the obligation has been paid as shown in affidavits attached. The motion prays that the decision be set aside and a new trial granted, with any other just relief. A notice of hearing for the motion is also included, setting the date as September 30, 2019.

Uploaded by

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

1st JUDICIAL REGION


Regional Trial Court
Branch 123
Bangued, Abra

ADRIAN GAMS, Civil Case No. 321


Plaintiff FOR: COLLECTION FOR A
SUM OF MONEY WITH
DAMAGES
-versus-

JEFFREY SUPS,
Defendant
x------------------x

MOTION FOR NEW TRIAL

DEFENDANT, by the undersigned counsel, respectfully avers that:

1. Defendant received a copy of the decision on September 10, 2019, which


was obtained by plaintiff through FRAUD;
2. Anew evidence was discovered, which he could not, with reasonable
diligence have discovered and produced at the trial and if considered
would alter the outcome of the case;
3. The above-mentioned discovered evidence consists of two letters
stating that the said obligation has been paid including the
interest set forth in the first promissory note signed;
4. The affidavits of Imelda Malonda and Yolanda Baduriaare hereto
attached as Annexes “A” and “B” to substantiate the aforementioned
newly-discovered evidence.

WHEREFORE, premises considered, it is most respectfully prayed


that the decision of this Honorable Court be set aside and a new trial
granted.

Such other relief and remedies as may be deemed just and


equitable under the premises are likewise prayed for.

Bangued, Abra, Philippines, September 25, 2019.


ATTT. APRIL ROSE A. SIGUENZA
Counsel for the Defendant
Attorney’s RollNo. 12345
IBP No. 123456, January 1, 2019/ Abra
PTR No. 7654321, January 1, 2019/ Bangued
MCLE Comp. No. IV-0001234, Valid until March 2,2025
2 Floor, Five Point Bldg., Caceres St.,Corner, Bangued, Abra
nd

Telephone Number: (054) 123-456


Fax Number: (054) 231-4322

NOTICE OF HEARING

Atty. Lyndon C. Benido


Counsel for Plaintiff
Commission Serial No. 123456
Notary Public for the Province of Abra
Atty Until December 31, 2024
Office: Zone 5, Bangued, Abra
Roll No. 123456
IBP Lifetime Roll No. 123456; 07/07/22; Abra
PTR No. 123456; 07/07/22; Abra
MCLE Compliance Cert. No. 123456; 07/07/22

Greetings:

Please take Notice that the foregoing Motion will be submitted for the
consideration and approval of the Honorable Court on September 30,
2019 at 8:30 o’clock in the morning with counsel waiving his appearance
thereat.

ATTY. APRIL ROSE A. SIGUENZA


Counsel for the Defendant

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