8679757 2002 Jurisdictionpreliminaries Copy

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REMEDIAL L AW (JURISDICT ION AND PREL IMINARIES)MEMORY A ID

ATENEO CENTRAL BAR OPERATIONS 2002

JURISDICTION OF THE COURTS

JURISDICTION OF THE SUPREME COURT

1. ORIGINAL jurisi!"i#$ over cases involving ambassadors, other public ministersand consuls; petitions for certiorari , prohibition, mandamus, quo warranto andhabeas corpus (concurrent with RTC).

2. Review, revise, reverse, modify, or affirm on appeal or certiorari, final judgments of lower courts in:

Cases in which the constitutionalit! or validit! of an! treat!, international ore"ecutive agreement, law, decree, proclamation, order, instruction, ordinance orregulation is in #uestion;

1Cases involving the legalit! of an! ta", impost, assessment, or toll, or an!penalt! imposed thereto;12Cases involving the $urisdiction of lower courts;%4 &ll criminal cases in which the penalt! imposed is reclusion perpetua or higher;'&ll cases in which onl! an error or #uestion of law is involved.

JURISDICTION OF THE COURT OF APPEALS

1. ORIGINAL jurisi!"i#$ to issue writs of mandamus, prohibition, certiorari , habeas

corpus, and quo warranto, and au"iliar! writs or processes, whether or not in aid ofits appellate $urisdiction (concurrent with C and RTCs)

2. E%CLUSI&E #ri'i$ jurisi!"i#$ over actions for annulment of $udgments of RTCs.

%. E%CLUSI&E **+"+ jurisi!"i#$ over all final $udgments, decisions, resolutions,orders or awards of RTCs and #uasi*$udicial agencies, bodies, or commissions,

EXCEPT those which fall within the appellate $urisdiction of the C, namel!+a. C-/C;b. Commission on &udit;c. andiganba!an.

JURISDICTION OF THE REGIONAL TRIAL COURTS

I, E%CLUSI&E ORIGINAL

A, CI&IL CASES1Cases where the sub$ect of the litigation is incapable of pecuniar! estimation;

0nvolving the title to, or possession of, real propert!, or an! interesttherein, where the assessed value of the propert! involved e"ceeds 2,',, EXCEPT actions for forcible entr! and unlawful detainer;

2%&ll actions in admiralt! and maritime $urisdiction where the demand or claime"ceeds 2,3,;3'robate proceedings, both testate and intestate, where the gross value of theestate 2,3,;40n all actions involving the contract of marriage and marital relations;

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560n all cases not within the e"clusive $urisdiction of an! court, tribunal, person orbod! e"ercising $urisdiction;

1110n all civil actions and special proceedings falling within the e"clusive original

$urisdiction of a 7uvenile and 8omestic Relations Court and of the Court of &grarian Relations as now provided b! law; and121%0n all other cases in which the demand, e"clusive of interest, damages ofwhatever 9ind, attorne!:s fees, litigation e"penses, and costs or the value of thepropert! in controvers! e"ceeds 2,3,;

. CRIMINAL CASES

&ll criminal cases not within the e"clusive $urisdiction of an! court,

tribunal, or bod! EXCEPT those within the $urisdiction of the andiganba!an.

N!. RTC has $urisdiction over criminal cases where the penalt! imposable+1"ceeds 3 !ears 2 mos 1 da! imprisonment, irrespective of fine

2%"ceeds fine of 3, if onl! a fine is imposable

Manzano vs. Valera /ibel is punishable b! prision correcional in its minimum and medium

periods. R.&. 461 places $urisdiction over criminal cases where the penalt!is !ears or less with the -TCs. amil! Courts shall have +1!usi+ #ri'i$ jurisi!"i#$ to hear and decide thefollowing cases+

Criminal cases where+

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1ne or more of the accused is below eighteen (15) !ears of age but not lessthan nine (6) !ears of age, R

2%ne or more of the victims is a minor at the time of the commission of theoffense.

Provided, That if the minor is found guilt!, the court shall promulgate sentence andascertain an! civil liabilit! which the accused ma! have incurred. The sentence,however, shall be suspended without need of application pursuant to the ?Child and@outh Aelfare Code?;12etitions for guardianship, custod! of children, habeas corpus in relation to thelatter;%

3etitions for adoption of children and the revocation thereof;'Complaints Bfor+

&nnulment of marriage18eclaration of nullit! of marriage2Those relating to marital status and propert! relations of+amil! Code ofthe hilippines?;1112etitions for+

8eclaration of status of children as&bandoned18ependent R2=eglected children

1Doluntar! or involuntar! commitment of children;2The suspension, termination, or restoration of parental authorit! and othercases cogniEable under ?Child and @outh Aelfare Code?, "ecutive rder =o.', (eries of 165), and other related laws;

1%13etitions for the constitution of the famil! home;1'1Cases against minors cogniEable under the 8angerous 8rugs &ct, as amended;14Diolations of Republic &ct =o. 41, otherwise 9nown as the ?pecial rotection ofChildren &gainst Child &buse, "ploitation and 8iscrimination &ct,? as amended b!Republic &ct =o. 4'5; and1516Cases of domestic violence against+

Aomen

&cts of gender based violence that results, or are li9el! to result in ph!sical,se"ual or ps!chological harm or suffering to women; and other forms of

ph!sical abuse such as battering or threats and coercion which violate awoman:s personhood, integrit! and freedom of movement; &=8

Children

0ncludes the commission of all forms of abuse, neglect, cruelt!, e"ploitation,violence, and discrimination and all other conditions pre$udicial to theirdevelopment.

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0f an act constitutes a criminal offense, the accused shall be sub$ect to criminalproceedings and the corresponding penalties.

0f an! #uestion involving an! of the above matters should arise as an incident in an!case pending in the regular courts, said incident shall be determined in that court.

8ecisions and orders of the court shall be appealed in the same manner and sub$ect tothe same conditions as appeals from the ordinar! Regional Trial Courts.

JURISDICTION OF THE MUNICIPAL TRIAL COURTS3 METROPOLITAN TRIAL COURTS AND THE MUNICIPAL CIRCUIT TRIAL COURTS

&. E%CLUSI&E ORIGINAL

1. CI&IL CASES

1Civil actions and probate proceedings, testate and intestate, including thegrant of provisional remedies where the demand, e"clusive of interest,damages, attorne!Fs fees and costs, does not e"ceed 1,2,.2%"clusive original $urisdiction over cases of forcible entr! and unlawfuldetainer; issue of ownership resolved onl! to determine issue ofpossession.

&fter lapse of 1 !ear, -TC loses $urisdiction, and case becomes one forrecover! of possession de jure (accion publicicana), although -TC ma! stillhave $urisdiction if value of propert! does not e"ceed 2,',.

3'&ctions involving personal propert! valued at not more than 1,2,.

4&ctions involving title or possession of real propert! where the assessedvalue does not e"ceed 2,',.

2. CRIMINAL CASES

Diolations of cit! or municipal ordinances.

&ll offenses punishable with not more than 3 !ears 2 mos 1 da! imprisonment,irrespective of fine.

&ll offenses punishable b! onl! a fine of not more than 3,.

ffenses involving damage to propert! through criminal negligence.

3. ELECTION CASES

ffense of failure to register or failure to vote.

lection contests for baranga! offices.1

. DELEGATED JURISDICTION in cadastral and land registration cases covering+

1. /ots where there is no controvers! or opposition; R

2. Contested lots the value of which does not e"ceed 1,.

decisions of the -TC in these cases are appealable to the C&

SUMMARY PROCEDURE

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CASES APPLICABLE

&. CI&IL CASES

1&ll cases of forcible entr! and unlawful detainer irrespective of amount ofdamages or unpaid rentals; without #uestion of ownership; attorne!Fs fees note"ceeding 2, if #uieting of ownership; resolved to determine #uestion ofpossession.23ther civil cases EXCEPT probate proceedings, where the total amount of theclaim does not e"ceed 1,, e"clusive of interest and cost.3

. CRIMINAL CASES1Diolation of traffic laws, rules, regulations

2%Diolation of rental laws3'Diolations of cit! or municipalit! ordinances4&ll other criminal cases where the penalt! does not e"ceed months or afine of 1 or both, irrespective of other imposable penalties or of theamount of civil liabilit!568amage to propert! through criminal negligence where the fine does note"ceed 1,.

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0PROHIBITED PLEADINGS AND MOTIONS

1-otion to dismiss or #uash EXCEPT for lac9 of $urisdiction over sub$ect matteror2

3failure to compl! with atarun!an! Pambaran!a" (/GC) re#uirements3'-otion for bill of particulars4-otions for new trial, reconsideration, re*opening56etition for relief from $udgment

111-otion for e"tension of time to file pleadings, affidavits121%-emoranda131'etition for certiorari, mandamus, and prohibition against an! interlocutor!order issued b! the court114-otion to declare defendant in default15168ilator! motion for postponement2

21Repl!222%Third*part! complaints232'-otion for intervention

JURISDICTION OF THE HOUSING AND LAND USE REGULATORY BOARD (HLURB)

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E%CLUSI&E jurisi!"i#$ #+r

Hnsound real estate business practices

Claims involving refund and an! other claims filed b! subdivision lot or condominiumunit bu!er against the pro$ect owner, developer, dealer, bro9er, or salesman

Cases involving specific performance of contractual and statutor! obligations filed b!bu!ers of subdivision lots or condominium units against the owner, developer, dealer,bro9er, or salesman

JURISDICTION OF THE # $T$R%N&$N& P $'!$R$N&$( (UNDER THE LOCAL GO&ERNMENT CODE OF 44)

1. =o complaint, petition, action or proceeding involving an! matter within the authorit!of the lupon shall be filed or instituted directl! in court or an! other government officefor ad$udication, unless#

1There has been a confrontation between the parties before the lupon chairmanor pan!$at , &=82

3That no conciliation or settlement has been reached as certified b! thelupon%pan!$at secretar! as attested to b! lupon chairman or pan!$at chairman,or unless such settlement has been repudiated b! the parties thereto3

2. &isputes subject to Conciliation 'equirement# &ll disputes between parties actuall!

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1%138isputes where urgent legal action is necessar! to prevent in$ustice from beingcommitted or further continued, specificall! the following+

1Criminal cases where accused is under police custod! or detention;

2%etitions for habeas corpus b! a person illegall! deprived of his rightfulcustod! over another or a person illegall! deprived of his libert! or one actingin his behalf;3'&ctions coupled with provisional remedies such as preliminar! in$unction,attachment, deliver! of personal propert! and support during the pendenc! ofthe action; &=84&ctions which ma! be barred b! the tatute of /imitations.

1'1&n! class of disputes which the resident ma! determine in the interest of $ustice orupon the recommendation of the ecretar! of 7ustice;1415Ahere the dispute arises from the Comprehensive &grarian Reform /aw (C&R/)(ections. 3 I 34, R.&. '4);16

20/abor disputes or controversies arising from emplo!er*emplo!ee relations (Monto"avs. Esca"o, et al., 141 CR& 332; &rt. 22, /abor Code, as amended, which grantsoriginal and e"clusive $urisdiction over conciliation and mediation of disputes, grievancesor problems to certain offices of the 8epartment of /abor and mplo!ment);21

22&ctions to annul $udgment upon a compromise, which ma! be filed directl! in court.2%

5. &ENUE OF PROCEEDINGS6

Si"u"i#$ &+$u+

arties reside in same baran!a" That baran!a"

arties reside in different baran!a"s )aran!a" where respondent, or an! of therespondents, actuall! resides, at the optionof the complainant

8isputes involving real propert! or interesttherein

)aran!a" where propert! is situated

8isputes arising at the wor9place where

the contending parties are emplo!ed, or atthe institution where such parties areenrolled for stud!

)aran!a" where such wor9place or

institution is located

b$ections to venue shall be raised in the mediation proceedings before the punon! baran!a" ; otherwise, the! are deemed waived. /egal #uestions thatmight arise in resolving such ob$ections before the punon! baran!a" are to besubmitted to the ecretar! of the 87, whose ruling shall be binding.

'. EFFECT OF NON7COMPLIANCE+18ismissal upon motion of defendants for failure to state cause of action or

prematurit!; R2

3uspension of proceedings upon petition and referral of case motu proprio toappropriate baran!a" authorit!.

. PROCEDURE FOR AMICABLE SETTLEMENT+

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Complainant pa!s appropriate filing fees, and shall complain, orall! or in writing,to the lupon chairman of the baranga!;

(upon chairman shall ma9e attempts at mediation; if he fails within 1' da!s fromdate of first meeting, he shall set a date for the constitution of a pan!$at n!ta!apa!sundo (% members; chosen b! the parties from the list of the members ofthe lupon)

Pan!$at shall have power to issue summons, and shall hear both parties andtheir witnesses, and attempt to arrive at an amicable settlement. Aithin 1' da!sfrom the da! it convenes, it shall arrive at said settlement or resolution of thedispute.

8uring the 1'*da! period when the dispute is under mediation, the prescriptiveperiods for offenses, and for causes of action shall be interrupted upon filing of

the complaint with the punong baranga!. aid interruption shall not e"ceed da!s from said filing.

0n all proceedings, parties must appear in person without the assistance ofcounsel or representatives, EXCEPT for minors and incompetents who ma! beassisted b! their ne"t*of*9in who are not law!ers.

4. &micable settlement shall have the force and effect of a final $udgment upon thee"piration of 1 da!s from date of amicable settlement, unless+

a. 0t is repudiated, or

1Repudiation must be done within 1 da!s, b! filing a sworn statement with thelupon chairman;

2%The grounds for repudiation are vitiation of consent b! fraud, violence orintimidation;3'uch repudiation is a sufficient basis for the issuance of a certification forfiling a complaint with the court.

b. & petition to nullif! the settlement is filed in the proper cit! or municipal court

The settlement agreed upon does not have the force and effect of a final

$udgment when the dispute is not within $urisdiction of the lupon but submittedto it. 0n this case, the compromise agreed upon b! the parties before theluponpang9at chair shall be submitted to the court and upon approvalthereof, shall have the force and effect of a $udgment of said court.

5, E%ECUTION OF AMICABLE SETTLEMENT6

a. Aithin months from date of settlement+ b! the lupon.

b. Thereafter, b! action in the appropriate cit! of municipal court

6. CRT0>0C&T0= > )*'*+*- &HT


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1There was a confrontation but no settlement; R2%There was no personal confrontation without an! fault on the part of the

complainant.3

50ssued b! the Punon! )aran!a" , as re#uested b! the proper part!, on the ground offailure of settlement, where the dispute involves members of the same indigenouscultural communit!, which shall be settled in accordance with the customs and traditionsof that particular cultural communit!, or where one or more of the parties to the aforesaiddispute belong to the minorit! and the parties mutuall! agreed to submit their dispute tothe indigenous s!stem of amicable settlement, and there has been no settlement ascertified b! the datu or tribal leader or elder, to the Punon! )aran!a" of the place ofsettlement.

0f mediation or conciliation proved unsuccessful before punong baranga! there

having been no agreement reached to conciliate, R respondent failed to appearbefore punong baranga!, Punon! )aran!a" shall not issue the certification(because now mandator! for him to constitute the Pan!$at before whommediation, conciliation, or arbitration proceedings shall be held.)

JURISDICTION OF THE SANDIGANBAYAN

&. ORIGINAL1Diolations of+

J&nti*Graft and Corrupt ractices &ctK;1

2R.&. 1%46 (J&n &ct 8eclaring >orfeiture in >avor of the tate of &n! ropert!>ound to


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1Cit! and provincial prosecutors and their assistants, and officialsand prosecutors in the ffice of the mbudsman and specialprosecutor;

1112residents, directors or trustees, or managers of government*owned or controlled corporations, state universities or educationalinstitutions or foundations;

-embers of Congress and officials thereof classified as Grade 24 orhigher

-embers of the 7udiciar!, without pre$udice to the provisions of theConstitution (on impeachment)

Chairmen and members of the Constitutional Commissions, without

pre$udice to the provisions of the Constitution

&ll other national and local officials classified as Grade 24 or higher; or 2ther offenses or felonies, committed b! public officials and emplo!ees mentioned inM1, in relation to their office, whether simple or comple"ed with other crimes%Civil and criminal cases filed pursuant to and in connection with "ecutive rder =os.1, 2, 13 and 13*& series of 165.3etitions for the issuance of the writs of mandamus, prohibition, certiorari, habeascorpus, in$unctions and other ancillar! writs and processes in aid of its appellate

$urisdiction+ provided, that the $urisdiction over these petitions shall not be e"clusive ofthe upreme Court and over petitions of similar nature, including quo warranto, arising

or that ma! arise in cases failed or which ma! be filed under "ecutive rder =os. 1, 2,13 and 13*& (concurrent with C)

0f the last element, namel!, Jin relation to his officeK is absent or is not alleged inthe information, the crime committed falls within the e"clusive original $urisdictionof ordinar! courts and not the .

The offense is committed in relation to the office if the offense is intimatel!connected with the office of the offender and perpetuated while he was in theperformance of his official functions, or when the crime cannot e"ist without theoffice, or the office is a constituent element of the crime as defined in the statute.

. E%CLUSI&E APPELLATE

0f none of the principal accused are occup!ing positions of grade 24 or higher,original $urisdiction will be with either the -TC or RTC; will e"ercise e"clusiveappellate $urisdiction on said cases.

The procedure prescribed in lg. 126, as well as the implementing rules thatthe upreme Court has promulgated and ma! hereafter promulgate, relative toappealspetitions for review to the Court of &ppeals shall appl! to appeals andpetitions for review filed with the andiganba!an.

C. NOTES6

rivate individuals charged as co*principals, accomplices or accessories with thepublic officers or emplo!ees, including those emplo!ed in GCCs, shall be tried

$ointl! with said public officers and emplo!ees in the proper courts which shalle"ercise e"clusive $urisdiction over them.

&n! provisions of law or Rules of Court to the contrar! notwithstanding, thecriminal action and the corresponding civil action for the recover! of civil liabilit!arising from the offense charged shall at all times be simultaneousl! instituted

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with, and $ointl! determined in, the same proceeding b! the andiganba!an orthe appropriate court, and no right to reserve the filing of such civil actionseparatel! from the criminal action shall be recogniEed.

D+!isi#$s #8 "9+ S$i'$:;$6

a. &ppealable to the C b! petition for review on certiorari raising pure#uestions of law in accordance with Rule 3' of the Rules of Court;

b. 0f imposes penalt! of reclusion perpetua or higher, the decision shall beappealable to the C b! =otice of &ppeal;

c. 0f penalt! imposed is death, review b! the upreme Court shall be automatic,whether or not the accused filed an appeal.

JURISDICTION OF THE COURT OF TA% APPEALS

E%CLUSI&E APPELLATE JURISDICTION #+r6018ecisions of the Collector of 0nternal Revenue in cases involving disputedassessments, refunds of ta"es, fees or other charges, penalties imposed in relationthereto, or other matters arising under the =0RC;2%8ecisions of the Commissioner of Customs in cases involving liabilit! for customsduties, fees or other mone! charges; seiEure, detention or release of propert!affected; fines, forfeitures, or other matters arising penalties imposed in relationthereto; and other matters arising under the Customs /aw; and

3'8ecisions of provincial or cit! oards of &ssessment &ppeals in cases involving theassessment and ta"ation of real propert! or other matters arising under the

&ssessment /aw.

ao v. C* (reiterated in )ureau o/ Customs v. 0!ario, -arch 2)

RTCs are devoid of an! competence to pass upon the validit! or regularit! of seiEureand forfeiture proceedings conducted b! the ureau of Customs and to en$oin orotherwise interfere with these proceedings. The Collector of Customs sitting in seiEureand forfeiture proceedings has e1clusive jurisdiction to hear and determine all #uestionstouching on the seiEure and forfeiture of dutiable goods. The Regional Trial Courts are

precluded from assuming cogniEance over such matters even through petitions ofcertiorari, prohibition or mandamus. The proper remed! is to appeal to theCommissioner of Customs and thereafter to the Court of Ta" &ppeals.

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REMEDIAL LAW DEFINITIONSi"ed b! law and cannot be conferred b!the parties

-a! be conferred b! the act or agreementof the parties

stablishes a relation between the courtand sub$ect matter

stablishes a relation between plaintiff anddefendant, or petitioner and respondent

CLASSIFICATIONS OF JURISDICTION

1. eneral vs. 2peci/ic%(imited +

&eneral * power to ad$udicate all controversies EXCEPT those e"pressl! withheld fromthe plenar! powers of the court

)pecific*+imited 3 restricted to particular cases and sub$ect to such limitations as ma!be provided b! the governing law

2. 0ri!inal vs. *ppellate

"riginal N power of the court to ta9e $udicial cogniEance of a case instituted for $udicial action for the first time

$ppellate N authorit! of a court higher in ran9 to ree"amine the final order or $udgmentof a lower court which tried the case now elevated for $udicial review

%. E1clusive vs. Concurrent

Eclusive N power to ad$udicate a case or proceeding to the e"clusion of all other courtsat that stage

Concurrent N also 9nown as confluent or coordinate $urisdiction; power conferred upondifferent courts, whether of the same or different ran9s, to ta9e cogniEanceat the same state of the same case

+0TE#

G+$+r Ru+6 7urisdiction, once ac#uired, continues until the case is finall! terminated.Eceptions:Ahen a subse#uent law provides a prohibition for the continued e"ercise of $urisdiction;12Ahere the law penaliEing an act as punishable is repealed b! a subse#uent law;%3Ahen the accused is deprived of his constitutional rights such as where the court failsto provide counsel for the accused who is unable to obtain one and does not intelligentl!waive his constitutional right;'Ahere the statute e"pressl! provides, or is construed to the effect that it intended tooperate as to actions pending before its enactment;

45Ahen the proceedings in the court ac#uiring $urisdiction is terminated, abandoned ordeclared void;61nce appeal has been perfected.

CLASSIFICATION OF ACTIONS

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1. 'eal, personal and mi1ed

Real N brought for the protection of real rights, land, tenements, or one founded onprivit! of estate onl!

Personal N not founded upon the privit! of real rights or real propert!

'ied = brought for protection or recover! of real propert! and also for an award fordamages sustained

2. 4n rem, in personam, and quasi in rem

-n rem N directed against the thing itself; ob$ect is to bar indifferentl! all who might beminded to ma9e ob$ection against the right sought to be enforced; hence,

$udgment is binding upon the whole world (e.!., land registration; specialproceedings)

-n personam N directed against particular persons on the basis of their personal liabilit!to establish a claim against them; $udgment is binding onl! upon theparties impleaded and their successors in interest (e.!., action for breachof contract)

.uasi in rem N directed against particular persons, but the purpose of which is to barand bind not onl! said persons but an! other person who claims an!interest in the propert! or right sub$ect of the suit (e.!. action for $udicialforeclosure of mortgage)

%. Transitor" vs. local

Transitory N one the venue of which depends generall! upon the residence of theparties, regardless of where the cause of action arose (e.!., personalactions)

+ocal = one re#uired b! the Rules to be instituted in a particular place in the absence ofan agreement to the contrar! (e.!., real actions)

>INDS OF PARTIES

1. Real party in interest 5 person having an interest in the sub$ect of the action and inobtaining the relief demanded.

2. -ndispensa/le party 5 a person without whom no final determination can be had ofan action.

%. Proper party 5 a person who is not indispensable but should be included if completerelief is to be accorded as between those alread! parties.

3. Pro forma party 5 a husband or wife who is re#uired to be $oined in suits b! oragainst his spouse

'. .uasi0parties 5 those in whose behalf a class or representative suit is brought;parties not initiall! formall! impleaded as original parties but laterbind themselves to compl! with the terms of a $udgment orcompromise rendered therein.

PLEADINGS

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Pleading N written allegation of the parties of their respective claims and defensessubmitted to the court for trial and $udgment.

>INDS OF PLEADINGS

1. COMPLAINT N concise statement of the ultimate facts constituting the plaintiffFs cause orcauses of action.

2. ANSWER N pleading where an adverse part! sets forth negative and affirmativedefenses upon which he relies.

Negative 1efense N specific denial of a fact alleged.

$ffirmative 1efense N an allegation of new matter which, though admits the

material allegations of the complaint, neverthelessprevents recover!.

%. COUNTERCLAIM N an! claim for mone! or other relief which a part! ma! have againstan opposing part!.

1Compulsory Counterclaim N one arising out of or is necessaril! connected withthe sub$ect matter of the claim (e.!., recoupment).2

3Permissive Counterclaim N does not arise or is not connected with the sub$ectmatter of the claim (e.!., set*off).

3. CROSS CLAIM N claim b! one part! against a co*part! arising out of a transaction oroccurrence which is the sub$ect matter of the action or counterclaim.

'. REPLY N a pleading that denies or alleges facts in denial of new matters alleged b!wa! of defense in the answer with the purpose of $oining the issues as tosuch new matters.

. THIRD7PARTY COMPLAINT N a claim which a defending part! ma! file against aperson not a part! to the action for contribution,indemnit!, subrogation or an! other relief.

OTHER DEFINITIONS

)pecific 1enial 5 specific allegation of the fact the truth of which he does not admit andsetting forth the substance of the matter relied upon to support thedenial R allegation of lac9 of 9nowledge or information sufficient toform a belief as the truth of the averment.

Negative Pregnant 5a form of denial where onl! the #ualification or modification of thefact alleged is denied while the fact itself is admitted.

)ummons 5 an order directed to a defendant in the name of the court and under its sealdirecting that the defendant answer the complaint upon failure of which

$udgment will be ta9en.

'otion N application for an order not included in the $udgment.

)u/poena N process directed to a person re#uiring him to attend and to testif! at ahearing or trial or to bring with him an! boo9 or thing under his control.

1emurrer to Evidence N a motion to dismiss based on insufficienc! of evidence of theprosecution.

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Preliminary $ttac2ment N a court order granted at the commencement of the action orat an! time before entr! of $udgment to seiEe the propert! of

the debtor in advance of final $udgment and hold it for thepurpose of satisf!ing the $udgment.

Preliminary -njunction 5 an order granted at an! stage of an action prior to the final $udgment re#uiring a person to refrain from doing a particularact.

Preliminary 'andatory -njunction 5 an order re#uiring the performance of a particularact.

Criminal Complaint 5 sworn written statement charging a person with an offensesubscribed b! an offended part!, peace officer, or other public

officer charged with the enforcement of the law violated.

-nformation 5 an accusation in writing charging a person with an offense subscribed b!the fiscal and filed in court.

Preliminary -nvestigation N an in#uir! or proceeding for the purpose of determiningwhether there is sufficient ground to engender a well*founded belief that a crime has been committed and thatthe respondent is probabl! guilt! thereof.

$rrest 5 ta9ing a person into custod! in order that he ma! be bound to answer for thecommission of an offense.

!ail N the securit! for the release of a person in custod! of the law furnished b! him or abondsman conditioned upon his appearing before an! court as re#uired under thecondition hereinafter specified.

Property !ond 5 an underta9ing constituted as lien on the real propert! given assecurit! for the amount of bail.

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8679757 2002 Jurisdictionpreliminaries Copy

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