1. page 1 of 2
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
Name
Firm Name
Address
Email Address
Tel./Cel./Fax Nos.
PTR No. Date/
Place of IssueRoll No.
IBP No. Lifetime
Date/Chapter
MCLE Compliance
Exemption
No.
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 ______________________________________
________________________________________________________.
2. MOTION TO SEVER MISJOINED CAUSE OF ACTION page 2 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/Counsel’s Name Method Place Served Date Served
Personal Service
LicensedCourier
RegisteredMail
Facsimile or Other
Electronic Means
Personal Service
LicensedCourier
RegisteredMail
Facsimile or Other
Electronic Means
Personal Service
LicensedCourier
RegisteredMail
Facsimile or Other
Electronic Means
Personal Service
LicensedCourier
RegisteredMail
Facsimile or Other
Electronic Means
Proof of such service is attached to this Motion as an Annex.
Date Party/Party’s 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