Scribd
Upload
1K views2 pages

Motion To Archive. Sample

The plaintiff filed a civil case against the defendant in February 2018. However, the defendant could not be served summons as they were not residing at the address provided and had gone abroad for overseas employment. As the case cannot proceed without the defendant being served, the plaintiff's counsel filed a motion to archive the case temporarily until the defendant returns to the country and can be located. The counsel requested the court archive the case for now so it does not remain pending on the docket.

Uploaded by

Marie Chris
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
1K views2 pages

Motion To Archive. Sample

The plaintiff filed a civil case against the defendant in February 2018. However, the defendant could not be served summons as they were not residing at the address provided and had gone abroad for overseas employment. As the case cannot proceed without the defendant being served, the plaintiff's counsel filed a motion to archive the case temporarily until the defendant returns to the country and can be located. The counsel requested the court archive the case for now so it does not remain pending on the docket.

Uploaded by

Marie Chris
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 2

REPUBLIC OF THE PHILIPPINES

___ Judicial Region


MUNICIPAL TRIAL COURT IN CITIES
BRANCH __,
___ City

MARIA ELENA CLARA


Plaintiff

CIVIL CASE NO.


______________
-versus-
FOR: Actual, Moral,
Exemplary damages,
Litigation and Attorney’s
fees

CRISOSTOMO IBARRA
Defendant.
x-------------------------------------------------------x

MOTION TO ARCHIVE

Comes now plaintiff thru the undersigned Counsel, unto this


Honorable Court, most respectfully avers that:

1. Plaintiff filed this complaint in the above-entitled case on


February 5, 2018;

2. That per process server return dated February 13, 2018 issued
by this Honorable Court, Summons was returned unserved for the reason
that the defendant is not a resident of the given address. Further, an Alias
Summons was issued and likewise it was returned unserved for the reason
that the defendant allegedly went abroad;

3. So as not to leave this case pending before the dockets of this


Honorable Court, it is to the best interest of the plaintiff that this instant case
be ARCHIVED momentarily subject to revival at the latter date when
defendant returns in her residence from her overseas employment.

PRAYER

WHEREFORE, premises considered, counsel of the plaintiff most


respectfully pray unto this Honorable Court that this case be ARCHIVED
momentarily.

1
Other reliefs, just and equitable under the premises are likewise
prayed for.

07 September 2018. Cebu City, Philippines.

By:

CASSANDRA MONDRAGON
Counsel of the plaintiff
Roll No. 14344
IBP no. AR5348/11-29-17/______ City
PTR no. 1427354/12-11-17/ _____ City
MCLE Compliance no: V-837393003

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy