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Motion To Revive Archived Case - Sample For Academic Use Only

1) A party has filed a Motion to Revive an Archived Case in (name of court). 2) The motion alleges that settlement talks between the parties have failed and there is no longer a compelling reason to keep the case suspended or archived. 3) The motion requests that the case be revived and the next stage of proceedings begin.

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0% found this document useful (0 votes)
372 views4 pages

Motion To Revive Archived Case - Sample For Academic Use Only

1) A party has filed a Motion to Revive an Archived Case in (name of court). 2) The motion alleges that settlement talks between the parties have failed and there is no longer a compelling reason to keep the case suspended or archived. 3) The motion requests that the case be revived and the next stage of proceedings begin.

Uploaded by

EJ Cruz
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
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MCF RAC

Motion to Revive Archived Case

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


Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
IBP No.  Lifetime
 Date/Chapter

MCLE  Compliance
Exemption No.
Other Compliances
Attorney for
 Plaintiff/
Petitioner
 Defendant/
Respondent
 Other

MOTION TO REVIVE ARCHIVED CASE

(name of party or witness)

moves to revive the case upon the following grounds:

 1. The settlement talks between the parties have failed.


 2. There is no more compelling reason to extend its suspension or
archival.
 3. The Injunctive Order previously issued by the
 (appellate court)

dated has already been lifted or


(date)

dissolved with the denial of the Petition. A copy of the


Order/Decision is attached as an annex.

NOTICE AND COPY FURNISHED TO:

MOTION TO REVIVE ARCHIVED CASE page 1 of 4


CBF RAC
Motion to Revive Archived Case

________________________________
________________________________
(Name and address of Adverse Party/Counsel)

GREETINGS:

Please take notice that the foregoing motion will be submitted


for the consideration of the Court on ________________________.

__________________________
Signature of Counsel

PROOF OF SERVICE
A copy of this Motion was served upon:
Person’s 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/Party’s Counsel Name and Signature

ORDER

After a review of the Motion and  comment/opposition  reply, the Motion is


 granted. The case is revived and _______________________________________.
(indicate next stage of action)

 denied.
 set for hearing on .
(date)

Judge Date

SPECIAL INSTRUCTIONS

OCA Circular 7-A-92

COPIES TO BE FILED WITH THE COURT

MOTION TO REVIVE ARCHIVED CASE page 2 of 4


CBF RAC
Motion to Revive Archived Case

An original of this Form must be filed with the Court together with such additional copies
equivalent to the number of parties in the case, to be used by the Court in sending out its
Court Order contained in the same Form.

MOTION FOR SUSPENSION OR ARCHIVAL


The court may, upon motion, order that the case be suspended or archived when: (a) the
parties are in the process of settlement; (b) the parties so agree; or (c) there is failure to
serve summons within six (6) months from the date of issuance of the summons. The
court may, on its own initiative, or upon motion, revive the case when there is no more
compelling reason to extend its suspension or archival (Admin. Circ. No. 7-A-92).

APPLICABILITY OF RULE 15
This motion is subject to the provisions of Rule 15 (Motions) of the Rules on Civil
Procedure.

MOTION TO REVIVE ARCHIVED CASE page 3 of 4


CBF RAC
Motion to Revive Archived Case

SAMPLE
FOR
ACADEMIC
USE ONLY

MOTION TO REVIVE ARCHIVED CASE page 4 of 4

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