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Motion To Amend-Correct Pre-Trial Order

This motion seeks to amend the pre-trial order from a civil case regarding partition. Specifically, it asks to delete the third stipulated fact which the defense inadvertently misunderstood and misstated. The motion explains that the defense relied on earlier admissions in the complaint and answer, which stated something different than the third stipulation. Granting the amendment would conform the pre-trial order to the earlier pleadings and cause no prejudice to the plaintiffs. The defense thus denies the third stipulated fact as written in the pre-trial order.

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N.A. Brual
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2K views

Motion To Amend-Correct Pre-Trial Order

This motion seeks to amend the pre-trial order from a civil case regarding partition. Specifically, it asks to delete the third stipulated fact which the defense inadvertently misunderstood and misstated. The motion explains that the defense relied on earlier admissions in the complaint and answer, which stated something different than the third stipulation. Granting the amendment would conform the pre-trial order to the earlier pleadings and cause no prejudice to the plaintiffs. The defense thus denies the third stipulated fact as written in the pre-trial order.

Uploaded by

N.A. Brual
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

Fourth Judicial Region


MUNICIPAL TRIAL COURT IN CITIES
Branch 1
___________________

xxxxxxxxxxxxxxxxxxxxxxxx, Civil Case No.


For: PARTITION

Plaintiffs,

- versus -

Yyyyyyyyyyyyyyyyyyyy,
Defendants.
x-----------------------------x

MOTION TO AMEND/CORRECT
PRE-TRIAL ORDER
DEFENDANTS, by counsel, unto this Honorable Court, most respectfully
avers THAT:

1. During the 22 January 2021 Pre-Trial, the parties stipulated as to the


facts involved in this Case;

2. The undersigned, through inadvertence, misunderstood the meaning of


the third stipulation that “xxxxxxx”;

3. Such misunderstanding was primarily caused by the undersigned’s


reliance on the earlier admissions in the Complaint and Answer;

4. The admission by the Plaintiffs in the Complaint, Paragraph 2, page 1,


provides:

“.”

5. The aforesaid allegation was admitted by the Defendants in its ANSWER


with COUNTERCLAIM received by the Honorable Court on xxxxx:
MOTION TO AMEND/CORRECT PRE-TRIAL ORDER
Xxxx v. yyyyy
Civil Case No.xxxxx
Page 2 of 2

6. That the Grant of such Amendment/Correction will not prejudice the


Plaintiffs as the same will conform to the earlier admissions in the
pleadings (Complaint and Answer), and the evidence on Record;

7. Thus, the Defendants, through the undersigned Counsel, denies the


third stipulation “xxxxx”;

PRAYER

WHEREFORE, in the interest of substantial justice, it is most respectfully


prayed before this Honorable Court that the Pre-Trial Order dated 22 January
2021 be amended by deleting item number 3) in the list of admitted or
stipulated facts.

Respectfully submitted.

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