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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)G. Motions (Rule 15)2. Prohibited Motions

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Question

G. Motions (Rule 15): Prohibited Motions

Consider the following scenario:

Atty. Santos is representing the plaintiff in a civil case. During the pre-trial conference, Atty. Santos files a motion requesting for an extension of time to file the pre-trial brief. The defense counsel, Atty. Reyes, objects to the motion, claiming that it is a prohibited motion under Rule 15 of the Rules of Court.

Based on the given scenario:

  1. Identify and explain the concept of "prohibited motions" under Rule 15.
  2. Discuss whether Atty. Santos' motion for extension of time to file the pre-trial brief falls under a prohibited motion or not, citing the applicable provision of Rule 15.

Answer

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