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XI MOTIONS
A. BILL OF PARTICULARS
Form No. 1--Motion
for Bill of Particulars
B. DEFAULT
Form No. 1--Motion
to Declare Defendant in Default
C. DISMISS
Form No. 1--Motion
to Dismiss
D. EXECUTION
Form No. 1--Motion
for Execution of Judgment
E. EXTENSION OF TIME
Form No.
1--Motion for Extension of Time to File Answer Responsive
Pleading
Form No. 2--Motion
for Extension of Time to Submit Counter Affidavit
F. INTERVENTION
Form No. 1--Motion
for Intervention
G. NOTICE OF HEARING
Form No. 1--NOTICE
OF HEARING
H. PRE-TRIAL
Form No. 1--Motion
to Set Case for Pre Trial
I. WITHDRAWAL
Form No. 1--Motion
to Withdraw Appearance as Counsel for Cause
Form No. 2--Motion
to Withdraw Appearance with Conformity
Form No. 1--Motion
for Bill of Particulars
(Motion
for Bill of Particulars)
(CAPTION)
MOTION FOR BILL OF
PARTICULARS
Defendant, through the
undersigned counsel and unto this Honorable Court, respectfully
avers:
1. That the plaintiff's
complaint in paragraph 5 alleges:
"From August 3 to December
2003, defendant never paid anything to herein plaintiff. The
check that he issued as partial payment for the first month also
bounced. x x x"; (underscoring supplied)
2. The said allegation is
not averred with sufficient definiteness and particularity,
specifically it does not mention the amount of the check
therein mentioned, its check number, date, and the
drawee bank;
3. That a more definite
statement on the matters as above-indicated is necessary in order to
enable the defendant to prepare its responsive pleading because from
the very onset of this controversy, the main dispute was on what was
actually and exactly agreed upon by the parties as the amount of
monthly rentals on the lease of plaintiff's property;
4. However, due to the fact
that defendant corporation had to transfer its liaison offices
depending on its project sites, the check stub where the
above-mentioned check came from was probably misplaced and could no
longer be found;
5. That a bill of
particulars or a more definite statement as to particulars of the
said check which was allegedly issued by the defendants as partial
payment for the first month would definitely simplify the issues in
this case, and hopefully uncomplicate the negotiations between the
parties for an amicable settlement.
PRAYER
WHEREFORE,
defendant most respectfully prays that an order be issued by this
Honorable Court requiring the plaintiff to make more definite
statement as to the particulars of the check mentioned in paragraph
5 of his complaint, particularly stating its amount, check
number, date, and the name of the drawee bank.
_____________, Philippines,
__Date__.
(COUNSEL)
(NOTICE OF
HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING
COUNSEL
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