Overview of pleadings

 There is a tendency for many lawyers and law students to refer to all court submissions as pleadings, including motions, manifestations, and memoranda.

However, under the ROC, there are only nine (9) kinds of pleadings:

1. Complaint (Rule 6, Section 3)

Section 3. Complaint. — The complaint is the pleading alleging the plaintiffs or claiming party's cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint.

2. Answer (Rule 6, Section 4)

Section 4. Answer. - An answer is a pleading in which a defending party sets forth his or her defenses.

3.  Counterclaim (Rule 6, Section 6)

Section 6. Counterclaim. — A counterclaim is any claim which a defending party may have against an opposing party.

4.  Cross-claim (Rule 6, Section 8) 

Section 9. Counter-counterclaims and counter-cross-claims. — A counterclaim may be asserted against an original counter-claimant.  A cross-claim may also be filed against an original cross-claimant.

5.  Third party, fourth party etc. complaint (Rule 6, Section 11)

Section 11. Third, (fourth, etc.)-party complaint. — A third (fourth, etc.)-party complaint is a claim that a defending party may, with leave of court, file against a person not a party to the action, called the third (fourth, etc.)-party defendant for contribution, indemnity, subrogation or any other relief, in respect of his opponent's claim.

The third (fourth, etc.)-party complaint shall be denied admission, and the court shall require the defendant to institute a separate action, where: (a) the third (fourth, etc.)-party defendant cannot be located within thirty (30) calendar days from the grant of such leave; (b) matters extraneous to the issue in the principal case are raised; or (c) the effect would be to introduce a new and separate controversy into the action.

6.  Complaint-in-intervention (Rule 6, Section 2; Rule 19, Section 3)

Section 3. Pleadings-in-intervention. — The intervenor shall file a complaint-in-intervention if he or she asserts a claim against either or all of the original parties, or an answer-in-intervention if he or she unites with the defending party in resisting a claim against the latter.

7.  Answer-in-intervention (Rule 19, Section 3)

Section 3. Pleadings-in-intervention. — The intervenor shall file a complaint-in-intervention if he or she asserts a claim against either or all of the original parties, or an answer-in-intervention if he or she unites with the defending party in resisting a claim against the latter.

8. Reply (Rule 6, Section 10)

Section 10. Reply. — All new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint. However, the plaintiff may file a reply only if the defending party attaches an actionable document to his or her answer.

A reply is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged in, or relating to, said actionable document.

9. Rejoinder (Rule 6, Section 10)

Section 10 - In the event of an actionable document attached to the reply, the defendant may file a rejoinder if the same is based solely on an actionable document.