Civil Procedure: Judgement on the Pleadings

Judgement on the Pleadings (Rule 34)

  1. When Availed?
    1. Rule 34, Sec. 1 – Judgment on the Pleadings – Where an answer fails to tender an issue, or otherwise admits the material allegations of the adverse party’s pleading, the court may, on the motion of that party, direct judgment on such pleading. xxx
    2. When to avail –  
      1. When a party fails to answer in his responsive pleading the issue; or
      2. the party admits the material allegations of the adverse party’s pleadings.
    3. how to avail – 
      1. on the motion of the adverse party, the court may direct judgment on such pleading.
  2. When not applicable
    1. Rule 34, Sec 1 – xxx However, in actions for declaration of nullity or annulment of marriage or for legal separation, the material facts alleged in the complaint shall always be proved.
    2. When Judgment on the pleadings not available and the material facts alleged must be proved – 
      1. Declaration of nullity or annulment marriage;
      2. Legal Separation

One thought on “Civil Procedure: Judgement on the Pleadings

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: