MCF No. 9.

3B
Motion to Lift Order of
Default

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

Nam
e
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Roll No. Place of Issue
Lifetime
IBP No. Date/Chapter
Compliance
MCL Exemption No
E .
Other Compliances
Counsel for
Plaintiff/
Petitioner
Defendant/
Respondent
Other

MOTION TO LIFT ORDER OF DEFAULT

UNDER RULE 9.3B

________________________________________________________
(name)

moves that the Order of Default dated ____________________

(date) be set aside
because the failure to file an answer is due to:

fraud
accident
mistake
excusable negligence,

the factual details of which are stated in the attached Judicial

Affidavit.

Defendant/s has/have a meritorious defense/s.

 No Answer is filed because defendant/s has/have not been
served with summons.
The Answer is attached and sought to be admitted.

PROOF OF SERVICE
A copy of this Motion was served upon:
Party/Counsels 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/Partys Counsel Name and Signature

ORDER
After a review of the Comment Reply, the Motion is
granted. The order declaring defendant/s in default is set aside.
The Branch Clerk of Court is directed to issue an alias summons to be served
upon Defendant/s _______________________________________________.
(name/s)

Defendant/s _______________________________________________
(name/s)

has/have until ________________

(date) to file an answer.

Defendants/sanswer attached to the motion is admitted. Plaintiff is given

ten (10) days from receipt of this Order, to file a reply to the answer.
denied for lack of merit.
The case is submitted for decision.
Set the case for ex parte presentation of evidence on ________________
(date) at
__________________________
(address) when the court can examine the witnesses.
The plaintiff is directed to submit judicial affidavits of witnesses with their
supporting documents duly marked at least five days before the ex parte
presentation of evidence; or
As there is a common cause of action against all defending parties, the Case
shall proceed against them upon the Answer/s thus filed; or
As there is no common cause of action against all defending parties, the Case
shall proceed against the non-defaulting parties upon the Answer/s thus filed.

Others _________________________________________

MOTION TO LIFT ORDER OF DEFAULT UNDER RULE 20.5 page 2 of 3

 SPECIAL INSTRUCTIONS

MOTION TO LIFT ORDER OF DEFAULT UNDER RULE 20.5 page 3 of 3