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XI MOTIONS
B. DEFAULT
Form No. 1--Motion
to Declare Defendant in Default
(Motion
to Declare Defendant in Default)
(CAPTION)
MOTION
(TO DECLARE DEFENDANT IN
DEFAULT)
Plaintiff, by counsel and unto this
Honorable Court, respectfully states
1. The records of the
Honorable Court show that Defendant was served with copy of the
summons and of the complaint, together with annexes thereto on
_____________;
2. Upon verification
however, the records show that Defendant
_____________ has
failed to file his Answer within the reglementary period specified
by the Rules of Court despite the service of the summons and the
complaint;
3. As such, it is
respectfully prayed that Defendant
_____________ be declared in default
pursuant to the Rules of Court and that the Honorable Court proceed
to render judgment as the complaint may warrant.
P R A Y E R
WHEREFORE,
it is respectfully prayed that Defendant
_____________ be
declared in default pursuant to the Rules of Court and that the
Honorable Court proceed to render judgment as the complaint may
warrant.
Other relief just and
equitable are likewise prayed for.
_____________,
Philippines, __Date__.
(COUNSEL)
(NOTICE OF HEARING)
(EXPLANATION)
COPY FURNISHED:
OPPOSING COUNSEL
Form No. 1--Motion
to Dismiss
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