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    MCF 3.17 Motion To Substitute Public Officer

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    Tricia Cruz
    This document is a motion to substitute a public officer upon death or separation from office in 3 parts. Part 1 gives notice of the death/separation of the original party and seeks to maintain the action against the successor. Part 2 provides details on the successor and their assumption of office. Part 3 notes proof of service was provided. The court may grant the motion and order substitution, deny it for specified reasons, or schedule a hearing if no express assent is given.

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    MCF 3.17 Motion To Substitute Public Officer

    Uploaded by

    Tricia Cruz
    229 views3 pages
    This document is a motion to substitute a public officer upon death or separation from office in 3 parts. Part 1 gives notice of the death/separation of the original party and seeks to maintain the action against the successor. Part 2 provides details on the successor and their assumption of office. Part 3 notes proof of service was provided. The court may grant the motion and order substitution, deny it for specified reasons, or schedule a hearing if no express assent is given.

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    Original Title

    MCF 3.17 Motion to Substitute Public Officer

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    This document is a motion to substitute a public officer upon death or separation from office in 3 parts. Part 1 gives notice of the death/separation of the original party and seeks to maintain the action against the successor. Part 2 provides details on the successor and their assumption of office. Part 3 notes proof of service was provided. The court may grant the motion and order substitution, deny it for specified reasons, or schedule a hearing if no express assent is given.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    229 views3 pages

    MCF 3.17 Motion To Substitute Public Officer

    Uploaded by

    Tricia Cruz
    This document is a motion to substitute a public officer upon death or separation from office in 3 parts. Part 1 gives notice of the death/separation of the original party and seeks to maintain the action against the successor. Part 2 provides details on the successor and their assumption of office. Part 3 notes proof of service was provided. The court may grant the motion and order substitution, deny it for specified reasons, or schedule a hearing if no express assent is given.

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    of 3

    MCF No. 3.

    17
    Motion to Substitute Public
    Officer

    Original Court, 1st Copy Plaintiff, 2nd Copy Defendant, Other copies as needed
    Enter information in block letters in all parts of the Form except when reserved for Court
    use, which shall be completed by the Clerk.
    For Court Use Only
    (Judicial Region)

    (Municipality/City/Province)

    METC/MTCC/MTC/MCTC
    RTC

    BRANCH
    Case No.
    Plaintiff/
    Petitioner , v.
    Defendant/
    Respondent

    COUNSEL OR PARTY WITHOUT COUNSEL


    Nam
    e
    Firm Name
    Address
    Email Address
    Tel./Cel./Fax Nos.
    PTR No. Date/
    Roll No. Place of Issue
    Lifetime
    IBP No. Date/Chapter
    Compliance
    MCL Exemption No
    E .
    Other Compliances
    Counsel for
    Plaintiff/
    Petitioner
    Defendant/
    Respondent
    Other

    MOTION TO SUBSTITUTE A PUBLIC OFFICER


    UPON DEATH OR SEPARATION
    UNDER RULE 3. 17

    1. Counsel for ________________________________,


    (name) gives notice
    that the named party who is impleaded in an official capacity,
    died
    resigned
    retired
    was separated from the service
    others ________________________

    on ________________ as evidenced by the Certification attached as


    an annex.

    page 1 of 3
    2.
    T
    (name)
    by/against the predecessor namely,
    ___________________________, who took office on
    ________________.
    This is apparent from the following acts of the successor:
    ________________________________________________________
    ________________________________________________________
    ________________________________________________________.

    3. _______ has given his express assent to the substitution as


    evidence by the attached _______________.

    Use additional sheets, as necessary.

    PROOF OF SERVICE
    A copy of this Motion was served upon:
    Persons Name Method Place Served Date Served
    Personal Service
    Licensed Courier
    Registered Mail
    Facsimile or Other
    Electronic Means
    Personal Service
    Licensed Courier
    Registered Mail
    Facsimile or Other
    Electronic Means
    Personal Service
    Licensed Courier
    Registered Mail
    Facsimile or Other
    Electronic Means
    Personal Service
    Licensed Courier
    Registered Mail
    Facsimile or Other
    Electronic Means
    Proof of such service is attached to this Motion as an Annex.

    Date Party/Partys Counsel Name and Signature

    ORDER

    MOTION TO SUBSTITUTE A PUBLIC OFFICER UPON DEATH OR page 2 of 3


    SEPARATION
    After a review of the Motion, and comment/opposition, reply
    the Court notes the ___________________of __________________________________.
    (name of predecessor)

    The Motion is

    granted and the Court orders ____________________________ to substitute the


    (name of successor)

    predecessor. Henceforth, the caption of this case shall reflect this substitution.

    denied because _______________________________________________________


    ________________________________________________________________________
    ________________________________________________________________________
    _______________________________________________________________________.

    There being no express assent of __________________, set the motion for


    hearing on ____________________________ .
    (date)

    Judge Date

    SPECIAL INSTRUCTIONS

    MOTION TO SUBSTITUTE A PUBLIC OFFICER UPON DEATH OR page 3 of 3


    SEPARATION

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