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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSIII. CIVIL PROCEDURE (1997 Rules on Civil Procedure as amended by A.M. No. 19-10-20-SC)D. Parties to Civil Actions (Rule 3)5. Death of a Party

Question

D. Parties to Civil Actions (Rule 3): Death of a Party

Alice and Bob entered into a business partnership and together started a successful restaurant. Unfortunately, Alice unexpectedly passed away. As a result, Bob is unsure of how this will affect the ongoing civil actions involving their partnership. Consider the provisions under Rule 3 of the Rules of Court regarding the death of a party.

1. What are the legal consequences of the death of a party in a civil action under Rule 3?

2. How does the death of a party affect the jurisdiction of the court over the civil action?

3. What is the effect on pending civil actions and judgments if a party dies before the final resolution of the case?

4. Can a party's legal representative or successor-in-interest be substituted in place of the deceased party? Discuss the requirements and procedure for substitution of parties.




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