Practice question
No answer or summary-judgment motion has been served. Defendant privately drafts an answer but has not served it. Plaintiff files a first proper Section1 notice, and no exception applies. Does the private draft alone close the window?
- Yes, every draft is a filed judgment
- Yes, secret drafting equals service
- Yes, the plaintiff must guess counsel’s plans
- No
- Only drafting date controls
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
Answer this question in flashcards to review your response and continue practicing.