Practice question
No answer has been served, but a motion for summary judgment has been served before the plaintiff’s notice. The plaintiff says only an answer can end the Section1 window. Which is best?
- The summary-judgment motion is irrelevant by definition
- The notice necessarily wins the case
- A plaintiff may ignore all served motions
- The defendant must serve both documents before the window closes
- Section1 identifies service of either the answer or a summary-judgment motion as the relevant cutoff
Legal references
- Rule17 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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