< All Topics

I. Motions for Extension of Time, to Dismiss, and to Declare in Default

1. MOTION FOR EXTENSION OF TIME

a. Requisites

1) Indicate grounds or justification for the motion on the body;

2) Summarize motion in the prayer; and

3) Provide a Notice of Hearing and Explanation.

b. Magic words

[insert: Plaintiff/Defendant] [insert: COMPLETE NAME OF MOVANT], through undersigned counsel, respectfully state:

On [insert: date of receipt of Summons and Complaint or other circumstance relevant to extension such as receipt of an order requiring a submission], [insert: Plaintiff/Defendant] received a copy of the [insert: relevant circumstance to which extension is being made] in the instant case. Accordingly, [insert: Plaintiff/Defendant] has within [instert: applicable period for original deadline] or [insert: specific date of the deadline], within which to file a responsive pleading.

[insert: grounds or justification]

[insert: grounds or justification], undersigned counsel will not be able to finalize and file a [inster: applicable pleading required to be submitted] by [insert: specific date of the deadline] for the [insert: Plaintiff/Defendant].

undersigned counsel is constrained to request for an additional period of [insert: period or number of days for extension] from [insert: reckoning date], or until [insert: specific date of new deadline] for the [insert: Plaintiff/Defendant] to file her [insert: applicable pleading required to be submitted].

The foregoing motion is prompted solely by the foregoing reasons | not intended to delay the instant proceedings.

c. Reminders

1) Follow 10-day, 3-day rule for Notice of Hearing; and 2) Personal service is the preferred mode of service over mailing.

2. MOTION TO DISMISS

a. Requisites

1) Indicate grounds or justification for the motion on the body;

2) Summarize motion in the prayer; and

3) Provide a Notice of Hearing and Explanation.

b. Magic words

[insert: Plaintiff/Defendant] [insert: COMPLETE NAME OF MOVANT], through undersigned counsel, respectfully state:

On [insert: date of filing of the Complaint/Petition], [insert: Complainant/Petitioner] filed the above-captioned case | seeking to [insert: summary of case/prayer].

[insert: grounds or justification for the motion to dismiss]

[insert: cite applicable Section and Rule of the Rules of Court]

The foregoing motion is prompted solely by the foregoing reasons | not intended to delay the instant proceedings.

c. Reminders

1) Follow 10-day, 3-day rule for Notice of Hearing; and

2) Personal service is the preferred mode of service over mailing.

3. MOTION TO DECLARE IN DEFAULT

a. Requisites

1) Indicate grounds or justification for the motion on the body;

2) Summarize motion in the prayer; and

3) Provide a Notice of Hearing and Explanation.

b. Magic words

[insert: Plaintiff/Defendant] [insert: COMPLETE NAME OF MOVANT], through undersigned counsel, respectfully state:

On [insert: date of receipt of Summons/Complaint by the Defendant], Defendant received a copy of the Summons and the Complaint in the instant case. Accordingly, Defendant had within [insert: reglementary period] or [insert: specific date of the deadline], within which to file a responsive pleading.

However, no responsive pleading has been filed by the Defendant within the reglementary period.

Thus, it is respectfully prayed that the Defendant be declared in default as provided in Section 3, Rule 9 of the Rules of Court.

The foregoing motion is prompted solely by the foregoing reasons | not intended to delay the instant proceedings.

c. Reminders

1) Follow 10-day, 3-day rule for Notice of Hearing; and

2) Personal service is the preferred mode of service over mailing.

Previous H. Notarial Certificates: Jurat and Acknowledgment
Next J. Quitclaims in Labor Cases
Table of Contents