Rule 1 Sec 3(c). A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.
Rule 72 Sec 1. Subject matter of special proceedings. Rules of special proceedings are provided for in the following cases: (1) Settlement of estate of deceased persons (2) Escheat (3) Guardianship and custody of children (4) Trustees (5) Adoption (6) Rescission and revocation of adoption (7) Hospitalization of insane persons (8) Habeas corpus (9) Change of name (10) Voluntary dissolution of corporations (11) Judicial approval of voluntary recognition of minor natural children (12) Constitution of family home (13) Declaration of absence and death (14) Cancellation of correction of entries in the civil registry.
The list is not exclusive. There are special proceedings not included in this list but they fall under the definition of a special proceeding (that is, the petition in court seeks to establish a status, a right, or a particular fact).
In the absence of special provisions under the rules on special proceedings regarding certain issues or processes, the rules provided for in ordinary actions are, as far as practicable, applicable.
Rule 1 Sec 3(c). A special proceeding is a remedy by which a party seeks to establish a status, a right, or a particular fact.
