Local Absentee Voting Act

Section 1

Unless otherwise provided in these Rules, (a) In ordinary actions, special reliefs, and special proceedings, the answer must be filed within five (5) days from service of summons and a copy of the petition; and (b) In special actions and special cases, the answer must be filed within three (3) days from service of summon and a copy of the petition.

Section 1

The following pleadings, motions or petitions shall not be allowed: a) Motion to dismiss except on the ground of lack of jurisdiction over the subject matter; b) Motion for a bill of particulars; c) Demurrer to evidence; d) Motion for new trial, or for reconsideration of a judgment, or for reopening of trial; e) Petition for relief from judgment; f) Motion for extension of time to file pleadings, affidavits or other papers; g) Memoranda, except when required by the Commission in an Order; h) Motion to declare the protestee or respondent in default; i) Dilatory motion for postponement; j) Motion to inhibit the Commissioner/s except on clearly valid grounds; k) Reply or rejoinder; and l) Third-party complaint.

Section 2

If the protest or petition is amended, the time fixed for the filing and service of the answer shall, unless otherwise ordered, run from receipt of the notice of the order admitting the amended protest or petition or from service of such amended protest or petition. An answer filed before the amendment shall stand as an answer to the amended protest or petition, unless a new one is filed within five (5) days from notice or service as herein provided.

Section 2

All grounds to dismiss an election protest must be set-up or pleaded as affirmative or special defenses. Defenses not raised are deemed waived. The Commission may, in its discretion, hold a preliminary hearing on the grounds so pleaded.

Section 3

A counter-protest, or a counterclaim when appropriate, must be filed within five (5) days from the date of service thereof upon the protestant or petitioner.

Section 4

Whenever intervention is allowed the same must be filed within five (5) days from receipt of the order permitting the intervention, unless a different period is fixed by the Commission or Division.

Section 5

Unless otherwise provided in these Rules, a reply may be filed within five (5) days from receipt of the answer.

Section 6

Unless otherwise provided in these Rules, the time to plead may be extended by the Commission upon motion and on such terms as it may deem just.