VIATORY RIGHT OF WITNESS: If the witness resides more than 100 km from the place where he is to travel by the ordinary course of travel, or if he is a detention prisoner and no permission is obtained from the court in which his case is pending, then he cannot be compelled to attend the …
TWO-DISMISSAL: When the notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim.
TRANSCENDENTAL IMPORTANCE: Suspension of the rules of procedure in case the subject matter of the action is of great importance/involving national interest;
STRONG ARM OF EQUITY: At times referred to as the “Strong Arm of Equity,” [the Court has] consistently ruled that there is no power the exercise of which is more delicate and which calls for greater circumspection than the issuance of an injunction. It should only be extended in cases of great injury where courts …
STATUTE OF NON-CLAIMS: Immediately after granting letters testamentary or administration, the court shall issue a notice requiring all persons having money claims against the decedent to file them in the office of the clerk of court which shall state the time of the filing of the claim against estate, which shall not be more than …
SEXUAL ABUSE SHIELD: The following evidence is not admissible in any criminal proceeding involving alleged child sexual abuse: (1) Evidence offered to prove that the alleged victim engaged in other sexual behavior; and(2) Evidence offered to prove the sexual predisposition of the alleged victim. (b) Exception.— Evidence of specific instances of sexual behavior by the …
SET-OFF: A permissive counterclaim does not arise out of and is not connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim which required the presence of a third person for its adjudication;
RES JUDICATA IN PRISON GREY: Accused cannot be twice put in jeopardy of an offense, acquittal or conviction in either one will bar the prosecution for another offense, or his was terminated without the express consent of the accused.
RELAXED ADMISSIBILITY OF EVIDENCE : In the proper resolution of the case, the court has the discretion to admit a rather inadmissible evidence provided it has a relation to other evidence already presented which is relevant to the fact in issue in the case.
RECOUPMENT: A compulsory counterclaim arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing party’s claim which does not require the presence of a third person over whom the court cannot acquired jurisdiction;