LITIGIOUS MOTIONS vs. EX-PARTE MOTIONS


WHAT ARE LITIGIOUS (LITIGATED) MOTIONS? Compliance with Rule 15 necessary when it comes to litigated motions. A litigious motion is one which the court may not act upon without prejudicing the rights of the adverse party. Examples of this are motions for reconsideration, motions to dismiss, motions to declare defendant in default, motions for execution, motions for judgment on the pleadings and motions for summary judgment. (G.R. No. 167835 and G.R. No. 188480)

WHAT ARE EX-PARTE MOTIONS? While a motion may be allowed to be filed ex parte and is an exception to the 3-day notice rule, it does not necessarily mean that the hearing thereof shall be dispensed with. The court may still hear the same ex parte, that is, in the absence of the opposing party, since the court can very well see to it that the latter’s interests will be duly protected. An ex parte proceeding merely means that it is taken for granted at the instance and for the benefit of one party, and without notice to or contest from any party adversely affected. Examples of this are motions for extension of time to file answer, motions for postponement, motions for extension of time to file record on appeal, and motions to set case for pre-trial. (G.R. No. 156903)

It has been said that "ex parte motions are frequently permissible in procedural matters, and also in situations and under circumstances of emergency; and an exception to a rule requiring notice is sometimes made where notice or the resulting delay might tend to defeat the objection of the motion." (G.R. No. L-40491)

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