Calendar of cases, extensions, and postponements

THE calendar of cases in courts are vital documents in the orderly administration of justice.

It is the “clerk of court, under the direct supervision of the judge, [who] shall keep a calendar of cases for pre-trial, for trial, those whose trials were adjourned or postponed, and those with motions to set for hearing” (Section 1, Rule 20).

Due to their importance, “[p]reference… is given to habeas corpus cases, election cases, special civil actions, and those so required by law.”

A lawyer attending a hearing or trial may observe, outside of the courtroom, the writing of the calendar of cases, which lists the cases to be heard and tried in the morning or in the afternoon of that day.

Courts also have a calendar book that contains all the court settings for the entire year and the succeeding year.

If a court hearing or trial is not included in the calendar book, it will not be included in the day calendar, unless the lawyer timely notices it and is able to request for its inclusion.

To limit the cancellation of hearings, the 2019 Amended Rules on Civil Procedure introduced the concept of presumptive service (notice).

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There is presumptive notice if it appears in court records that the notice was mailed at least 20 calendar days before the date of hearing, if the addressee is within the judicial region, or at least 30 calendar days if the addressee is outside of the judicial region (see Section 10, Rule 13).

In civil cases, a “defendant may, for meritorious reasons, be granted an additional period of not more than 30 calendar days to file an answer.

A defendant is only allowed to file one motion for extension of time to file an answer” (Section 11, Rule 11).

“A motion for extension to file any pleading, other than an answer, is prohibited and considered a mere scrap of paper” (Section 11, Rule 11).

The prohibition on filing a motion for extension of time was reiterated in Section 12 (e), Rule 15.

“The court, however, may allow any other pleading to be filed after the time fixed by these Rules” (Section 11, Rule 11).

While litigants may seek refuge under this provision to request for extensions on other court filings and submissions, the author does