VII. MOTIONS

A.ROC 15; ROC 133 S7ROC 15;

RULE 15

MOTIONS

Section 1. Motion defined.

A motion is an application for relief other than by a pleading.

Sec. 2. Motions must be in writing.

All motions shall be in writing except those made in open

court or in the course of a hearing or trial.

Sec. 3. Contents.

A motion shall state the relief sought to be obtained and the

grounds upon which it is based, and if required by these

Rules or necessary to prove facts alleged therein, shall be

accompanied by supporting affidavits and other papers.

Sec. 4. Hearing of motion.

Except for motions which the court may act upon without

prejudicing the rights of the adverse party, every written

motion shall be set for hearing by the applicant.

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.

Sec. 5. Notice of hearing.

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.

Sec. 6. Proof of service necessary.

No written motion set for hearing shall be acted upon by the

court without proof of service thereof.

Sec. 7. Motion day.

Except for motions requiring immediate action, all motions

shall be scheduled for hearing on Friday afternoons, or if

Friday is a non-working day, in the afternoon of the next

working day.

Sec. 8. Omnibus motion.

Subject to the provisions of section 1 of Rule 9, a motion

attacking a pleading, order, judgment, or proceeding shall

include all objections then available, and all objections not so

included shall be deemed waived.

Sec. 9. Motion for leave.

A motion for leave to file a pleading or motion shall be

accompanied by the pleading or motion sought to be

admitted.

Sec. 10. Form.

The Rules applicable to pleadings shall apply to written

motions so far as concerns caption, designation, signature,

and other matters of form.

ROC 133 S7

RULE 133: Weight and Sufficiency of Evidence

Sec. 7 . Evidence on motion. — When a motion is based on facts not appearing of record the court may hear the matter on affidavits or depositions presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions. (7)

B. BP 129 (1980), S16

Section 16. Time and duration of sessions. – The time and duration of daily sessions of the Regional Trial Courts shall be determined by the Supreme Court: Provided, however, That all motions, except those requiring immediate action, shall be heard in the afternoon of every Friday, unless it falls on a holiday, in which case, the hearing shall be held on the afternoon of the next succeeding business day: Provided, further, That the Supreme Court may, for good reasons, fix a different motion day in specified areas

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