Professional Documents
Culture Documents
Anyone can become a party to an action. There are different modes which a person becomes a party to a civil action. First is when you sue. When a person felt that his right has been violated, He may file a civil action. Civil action is define by the Rules of Court as one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. Second is when you are sued.
1. 2. When you are sued 2. 3. Impleaded later thru thirdparty (etc) complaint 3. 1. Intervention 4. 2. Defendant on a counterclaim (Rule 6 Section 14) - brought as new party
A civil action does not call for the imprisonment of the other party but usually for the payment or indemnity. But who can be partiers to a civil action.
Objective
5. What are the different modes by which a person becomes a party in a civil suit? 6. To enumerate and explain who can be parties to a civil action? 7. Explain parties in interest and real party in interest. 8. Explain and cite jurisprudence on indispensable pariutes? Necessary parties.
Discussion
Section1. Who may be parties; plaintiff and defendant. Only natural or juridical persons, or entities authorized by law may be parties in a civil action. The term plaintiff may refer to the claiming party, the counter-claimant, the crossclaimant, or the third (fourth etc.) party plaintiff. The term defendant may refer to the original defending party, the defendant in a counterclaim, the cross-defendant, or the third (fourth, etc.) party defendant.