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MCF No. 2.

6
Motion to Sever Misjoined
Cause of Action

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 SEVER MISJOINED CAUSE OF ACTION


UNDER RULE 2.6

_________________________ request/s that the misjoined cause/s of


(name)

action as stated below be severed from this action:

1. The complaint cross-claim third (fourth, fifth, etc.)


-party complaint contains the following misjoined cause/s of action:
________________________________________________________
________________________________________________________
________________________________________________________
(quote misjoined cause of action)

asserted in paragraphs ______________________________________


________________________________________________________.

page 1 of 2
2. The said cause/s of action is/are misjoined in this action and
should be severed.

3. Movant reserves the right to proceed with the stated cause/s of


action in a separate action.

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 Motion and comment/opposition and reply, the Motion is
granted. The cause of action pleaded in paragraph/s _____________________ of
(paragraph)

______________________ is/are severed without prejudice.


(name of pleading)

denied.
Set for hearing on _________________.
(date)

__________________________ _______________________
Judge Date

SPECIAL INSTRUCTIONS

MOTION TO SEVER MISJOINED CAUSE OF ACTION page 2 of 2