Friday, February 12, 2016

THREE DAY NOTICE RULE:

     BY THE VERY WORDS OF RULE 15, SECTION 4 OF THE RULES OF COURT, THE MOVING PARTY IS REQUIRED TO SERVE MOTIONS IN SUCH A MANNER AS TO ENSURE THE RECEIPT THEREOF BY THE OTHER PARTY AT LEAST THREE DAYS BEFORE THE DATE OF HEARING. The purpose of the rule is to prevent a surprise and to afford the adverse party a chance to be heard before the motion is resolved by the trial court. Plainly, the rule does not require that the court receive the notice three days prior to the hearing date. (Republic vs. Diaz-Enriquez [2013]).

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.