Remedial Law
Updated 23rd May 2025
Motion for Leave
M

A motion for leave is an application for relief asking the court for permission to perform a certain act.

Some specific instances where a motion for leave is utilized include:

  • A motion seeking permission to file a pleading or motion must be accompanied by the pleading or motion intended for submission.
  • Applying for leave of court to effect service of summons out of the Philippines is done by motion in writing, supported by an affidavit.
  • Filing a third-party complaint requires leave of court.
  • In criminal cases, leave of court may be sought by motion to file a demurrer to evidence. A verified motion for temporary lifting of a precautionary hold departure order may also be filed before the issuing court.
  • Substantial amendments to pleadings may be made only upon leave of court.
  • Intervention requires leave of court.
  • Commencing a quo warranto action upon the relation of another person may require permission of the court upon application for permission.