4 Types of Motion to Dismiss


There are four (4) general types of motion to dismiss under the Rules of Court. They are the following:

[1] Motion to dismiss before answer (Rule 16);
[2] Motion to dismiss by plaintiff (Rule 17);
[3] Motion to dismiss on demurrer to evidence after plaintiff has rested his case (Rule 33); and
[4] Motion to dismiss appeal either in the Regional Trial Court (Rule 41, Sec. 13), in the Court of Appeals (Rule 50, Sec. 1) or in the Supreme Court (Rule 56, Sec. 5).

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