Practice question
At defendant’s evidence date, the plaintiff does not attend. It has complied with all applicable orders and rules, and its own evidence-in-chief date has passed; no other Section3 ground or separate sanction is established. Defendant invokes solely the Section3 evidence-in-chief absence wording. Which is correct?
- That specified ground concerns plaintiff’s evidence-in-chief date, not every hearing indiscriminately
- Every absence at any event automatically satisfies that wording
- Defendant’s evidence date is always plaintiff’s evidence date
- The text mentions no particular stage
- The complaint automatically vanishes without court action
Legal references
- Current2019 Rules17 Sections2–3 and15 Section9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rule17 Sections1 and4 and Rule41 Section1 continuing provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
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