< All Topics

F. Notice of Hearing and Explanation in Motions

1. NOTICE OF HEARING AND EXPLANATION IN MOTIONS

a. Requisites

1) Notice of hearing

For the schedulie of the hearing, observe the 10-day, 3-day rule:

Every written motion required to be heard and the notice of the hearing thereof shall be served in such a manner as to ensure its receipt by the other party at least three (3) days before the date of hearing, unless the court for good cause sets the hearing on shorter notice. (Paragraph 2, Section 4, Rule 15, Rules of Court)

The notice of hearing shall be addressed to all parties concerned, and shall specify the time and date of the hearing which must not be later than ten (10) days after the filing of the motion. (Section 5, Rule 15, Ibid.)

2) Explanation

For the explanation, take note that personal service is the preferred mode of service over mailing.

b. Magic Words

1) Notice of hearing

The motion | submitted for the consideration and/or resolution | of the Honorable Court on | 20 October 2021, at 1:30 pm.

2) Explanation

The foregoing motion is being filed with the Honorable Court and served to the other parties through personal service.

c. Reminders

1) Notice of hearing

Check if your scheduled hearing day observes the 10-day, 3-day rule.

2) Explanation Determine if the circumstances will call for personal service or service via mailing.

Previous E. Verification and Certificate of Non-Forum Shopping
Next G. Judicial Affidavit
Table of Contents