Motion for Extension of Time to Submit Counter Affidavit
MOTION FOR EXTENSION OF TIME
Respondent, by the undersigned counsel, and unto this Honorable Office of the City Prosecutor, most respectfully states that:
1. Respondent engaged the services of undersigned counsel only on _____________;
2. Respondent received the subpoena on _____________ and thus has until _____________ within which to submit his counter-affidavit;
3. However, due to the pressures of equally urgent professional work and prior commitments, the undersigned counsel will not be able to meet the said deadline;
4. As such, undersigned counsel is constrained to request for an additional period of _____________ from today within which to submit Respondent’s counter-affidavit and other supporting evidence. Moreover, this additional time will also allow the undersigned to interview the available witness and study this case;
5. This Motion is not intended for delay but solely due to the foregoing reasons.
P R A Y E R
WHEREFORE, Respondent most respectfully prays of this Honorable City Prosecutor of _____________ that he be given an additional period of _____________ from today within which to submit his counter-affidavit and other documentary evidence.
MOST RESPECTFULLY SUBMITTED.
Other relief just and equitable are likewise prayed for.
_____________, Philippines, __Date__.
(NOTICE OF HEARING)(E
2019 AMENDMENTS TO THE 1997 RULES OF CIVIL PROCEDURE (A.M. NO. 19-10-20-SC)
Section 11. Extension of time to file an answer. – A defendant may, for meritorious reasons, be granted
an additional period of not more than thirty (30) calendar days to file an answer. A defendant is only
allowed to file one (1) motion for extension of time to file an answer.
A motion for extension to file any pleading, other than an answer, is prohibited and considered
a mere scrap of paper. The court, however, may allow any other pleading to be filed after the time fixed
by these Rules. (11a)