parts of pleading
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Legal FormsTRANSCRIPT
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PARTS OF PLEADING
PROOF OF SERVICE
PERSONAL SERVICE:
Copy furnished through personal service:
Atty. Mitch McDeereCounsel for the Defendant2 The FirmLaguna Street, Quezon City
BY REGISTERED MAIL:
1. Copy furnished through registered mail:
Atty. Mitch McDeereCounsel for the Defendant2 The FirmLaguna Street, Quezon CityRegistry Receipt No. ____Post Office ___________Date ___________
2. Explanation3. Affidavit of Service4. Jurat
MOTION1.Ground2. Argument3. Prayer/ Relief4. Notice of Hearing5. Proof of Service6. Attachment (if any)7. Verification (if required)
Litigious Motion: Must be set for hearing; A specific hearing date must be requested and notice thereof given to the adverse party through counsel.Non-litigious Motion: does not contain the date of the hearing
Request for Hearing: is a request for the Branch Clerk of court to include the motion in the calendar for hearing on a specific dateNotice of Hearing: is a notice to opposing counsel of the hearing date requested
Affidavit of Service: evidenced by Registry Receipt
LEGAL FORMS IN CRIMINAL CASES
COMPLAINT AFFIDAVIT:1. Identity of the affiant and other personal circumstances2. Statement of venue3. Factual allegations to show violation or defense4. Signature of the affiant5. Verification6. Certification as to personal examination of affiant7. Supporting documents or affidavits
COUNTER AFFIDAVIT: 1. Identity of the affiant and other personal circumstances2. Factual allegations3. Defenses 4. Signature of the affiant5. Verification Certification6. Supporting documents or affidavits
INFORMATION:1. Name of parties2. Offense as designated by the statute3. Acts or omissions complained of as constituting the offense including a statement of the qualifying or aggravating circumstances4. Time of the commission of the offense5. Place of commission6. Signature of the prosecutor (information)7. Signature of the Offended Party, Peace officer or Public officer charged with enforcement of the law (complaint) 8. Verification9. Certification of Preliminary Investigation or Inquest
CERTIFICATION AS TO CONDUCT OF INQUEST
I hereby certify that the accused was lawfully arrested without a warrant and that, upon being informed of his rights refused to waive the provisions of Article 125 of the Revised Penal Code and, for this reason, an inquest was conducted; that based on the complaint and the evidenced presented before me without any countervailing evidence submitted by the
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accused, despite opportunity to do so, there is reasonable ground to believe that the accused has committed the crime of _____ and should, thus, be held for said crime; that this information was with the prior authority of the City Prosecutor.
CERTIFICATION OF PRELIMINARY INVESTIGATION
I hereby certify that a preliminary investigation in this case was conducted by me in accordance with law; that I examined the police reports and the testimonies presented; that there is reasonable ground to believe that the offense charged had been committed and that the accused is probably guilty thereof; that the accused was informed of the complaint and of the evidence submitted against him and was given the opportunity to submit controverting evidence; and that the filing of this information is with the prior authority and approval of the City Prosecutor.