Rule 11 When to File Responsive Pleading

Cards (12)

  • Section 1. Answer to the complaint.
    The defendant shall le his or her answer to the complaint within thirty (30) calendar days after service of summons, unless a dierent period is xed by the court.
  • Section 2. Answer of a defendant foreign private juridical entity. 
    Where the defendant is a foreign private juridical entity and service of summons is made on the government ocial designated by law to receive the same, the answer shall be led within sixty (60) calendar days after receipt of summons by such entity. 
  • Section 3. Answer to amended complaint. (part 1)
    When the plainti les an amended complaint as a matter of right, the defendant shall answer the same within thirty (30) calendar days after being served with a copy thereof.Where its ling is not a matter of right, the defendant shall answer the amended complaint within fteen (15) calendar days from notice of the order admitting the same. An answer earlier led may serve as the answer to the amended complaint if no new answer is led.
  • Section 3. Answer to amended complaint. (part 1)
    This Rule shall apply to the answer to an amended counterclaim, amended cross-claim, amended third (fourth, etc.)-party complaint, and amended complaint-in-intervention. 
  • Section 4. Answer to counterclaim or cross-claim. 
    A counterclaim or cross-claim must be answered within twenty (20) calendar days from service. 
  • Section 5. Answer to third (fourth, etc.)-party complaint. 

    The time to answer a third (fourth, etc.)-party complaint shall be governed by the same rule as the answer to the complaint. 
  • Section 6. Reply. 
    A reply, if allowed under Section 10, Rule 6 hereof, may be led within fteen (15) calendar days from service of the pleading responded to.
  • Section 7. Answer to supplemental complaint.
    A supplemental complaint may be answered within twenty (20) calendar days from notice of the order admitting the same, unless a dierent period is xed by the court. The answer to the complaint shall serve as the answer to the supplemental complaint if no new or supplemental answer is led.
  • Section 8. Existing counterclaim or cross-claim. 
    A compulsory counterclaim or a cross-claim that a defending party has at the time he or she les his or her answer shall be contained therein.
  • Section 9. Counterclaim or cross-claim arising after answer. 
    A counterclaim or a cross-claim which either matured or was acquired by a party after serving his or her pleading may, with the permission of the court, be presented as a counterclaim or a cross-claim by supplemental pleading before judgment.
  • Section 10. Omitted counterclaim or cross-claim.
    When a pleader fails to set up a counterclaim or a cross-claim through oversight, inadvertence, or excusable neglect, or when justice requires, he or she may, by leave of court, set up the counterclaim or cross-claim by amendment before judgment.
  • Section 11. Extension of time to file an answer. 

    A defendant may, for meritorious reasons, be granted an additional period of not more than thirty (30) calendar days to le an answer. A defendant is only allowed to le one (1) motion for extension of time to le an answer.
    A motion for extension to le any pleading, other than an answer, is prohibited and considered a mere scrap of paper. The court, however, may allow any other pleading to be led after the time xed by these Rules.