Practice question
A third-party claim permits no responsive pleading in the stipulated setting. Its claimant files notice before any evidence is introduced at trial or hearing; all other conditions exist and no special restriction applies. What Section4 qualification matters?
- Where no responsive pleading exists, notice must precede introduction of evidence
- No-responsive-pleading claims can never be withdrawn
- The first telephone demand fixes the deadline
- Only the clerk’s birthday matters
- Notice is allowed only after final judgment
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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