Denzelle Vea C.
Feliciano
RULES OF COURT
RULE 6: Kinds of Pleadings
Section 1: Pleadings Defined
o Pleadings are written statements of claims and defenses submitted to the court for
judgment.
Section 2: Pleadings Allowed
o Claims: Complaint, counterclaim, cross-claim, third-party complaint, etc.
The complaint is the document filed by the plaintiff (the person initiating the
lawsuit) to begin the legal action. It sets out the facts that support the plaintiff’s
claim, including the cause of action and the relief sought (what they want the
court to do).
A counterclaim is when the defendant (the person being sued) files their own
claim against the plaintiff in response to the original claim. This is essentially a
counter-attack where the defendant argues they have a claim of their own
against the plaintiff.
A cross-claim occurs when one party (defendant or plaintiff) files a claim against
another party on the same side of the case. So, if there are multiple defendants
or plaintiffs, one defendant may file a claim against another defendant or a
plaintiff against another plaintiff.
A third-party complaint is filed by a defendant against a person not originally
part of the lawsuit. The defendant is seeking relief from this third party, such as
indemnity (to be reimbursed for any damages the defendant might have to pay)
or contribution (sharing the liability).
o Defenses: Answer (responding to claims), reply (response to answer).
The answer is the document that the defendant files in response to the
plaintiff's complaint. It addresses the allegations made by the plaintiff and
provides the defendant’s defenses and responses to each of the plaintiff's
claims.
A reply is a response filed by the plaintiff to address any new matters or
defenses raised by the defendant in their answer. If the defendant introduces
new facts or defenses, the plaintiff can file a reply to refute them.
Section 3: Complaint
o Alleges the plaintiff’s cause of action, including names and residences of the parties.
Section 4: Answer
o A pleading where the defending party presents their defenses.
Section 5: Defenses
o Negative Defense: Denial of facts essential to the claimant’s cause of action.
o Affirmative Defense: New matters preventing or barring recovery (e.g., fraud, statute of
limitations).
Section 6: Counterclaim
o A defending party's claim against the opposing party.
Section 7: Compulsory Counterclaim
o Must arise from the same transaction or occurrence as the opposing party’s claim.
Section 8: Cross-claim
o A claim against a co-party arising from the same transaction or occurrence.
Section 9: Counter-counterclaims and Counter-crossclaims
o Counterclaims and cross-claims may be filed against original parties.
Section 10: Reply
o Denies or avoids new matters raised in the answer.
Section 11: Third-Party Complaint
o A defending party files against a third party for contribution or other relief.
Section 12: Bringing New Parties
o New parties may be brought into the case if needed for complete relief.
Section 13: Answer to Third-Party Complaint
o The third-party defendant may assert defenses, counterclaims, or cross-claims.
RULE 7: Parts of a Pleading
Section 1: Caption
o Contains the court's name, title of the action, and docket number.
Section 2: The Body
o Details claims or defenses, relief sought, and date of the pleading.
o Paragraphs: Each paragraph contains one set of facts and is numbered for reference.
o Headings: Used for multiple causes of action.
o Relief: Specific relief sought and general prayer for additional relief.
o Date: Every pleading must be dated.
Section 3: Signature and Address
o Must be signed by the party or their counsel, with the address included.
o Signature signifies the pleading is not for delay.
Section 4: Verification
o Pleadings may need to be verified by affidavit.
o Lack of verification or improper verification makes the pleading invalid.
Section 5: Certification Against Forum Shopping
o Plaintiff must certify that no similar claim is pending elsewhere.
o False certification or failure to comply leads to dismissal and possible contempt.
