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