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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a civil action for damages arising from a vehicular collision, the defendant’s counsel files a motion to suspend the proceedings for 90 days on the ground of an ongoing related criminal case involving the same defendant arising from the same incident. The motion is noticed before the pre-trial conference. The trial court treats the motion as a Prohibited Motion under Rule 15, as amended by A.M. No. 19-10-20-SC, and denies it. Is the motion properly classified as a Prohibited Motion? Explain the governing rule, distinguish it from allowed motions, and apply the rule to these facts.

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No; the motion is not Prohibited since the criminal case is in a different court, and the rule requires the related criminal case to be in the same branch of court for the prohibition to apply. Yes; the motion is Prohibited, but the court may consider a limited stay on non-substantive matters while denying suspension of the civil action in its entirety. Yes; the motion is Prohibited, but the court could still grant a postponement if it involves the integrity of the judicial process rather than the merits of the case. Yes; the motion is properly classified as a Prohibited Motion because pendency of a related criminal case involving the same defendant arising from the same transaction or incident bars suspension of the civil action; the motion should be denied.

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