Jurisdiction Of Philippine Courts
There is no clear standard set forth in G.S. 28A-two-6(e) regarding the physical exercise of the clerk’s discretion not to apply a rule. Despite the fact that the Code of Civil Process elaborates in which way legal proceedings have to be commenced and which formalities and guidelines of conduct have to be followed during proceedings, it doesn’t indicate if the case ought to be brought before a court by a writ of summons or by an application. The application for the extension of time can take place at any time in the proceedings if one party needs to extend time in order to meet some essential deadline. Exactly where a defence is on the merits, the defendant files a plea where the defence is on a technicality, the defendant either files an exception or an application to strike out.
The Supreme Court Guidelines supply that in instances of urgency ‘the court or a judge could dispense with the forms and service offered for in these rules and could dispose of such matter at such time and spot and in such manner and in accordance with such procedure (which shall so far as practicable be in terms of these guidelines) as to it appears meet suitable’.
This sub-rule areas an onus on the applicant to rebut the presumption and to prove that he has brought the application inside the twenty-day period. Notice of an urgent application ought to be given to the respondent in such a way that the court will … Read the rest >>>