Practice question
The answer properly and specifically disputes material facts about contract formation. The plaintiff submits an affidavit contradicting that denial and asks the court to resolve credibility under Rule 34 as though the answer tendered no issue. Which is correct?
- The affidavit automatically erases every properly pleaded dispute
- Rule 34 allows the court to decide disputed credibility merely by calling the denial untrue
- The material pleading issue prevents the asserted Rule 34 shortcut; any other procedure must meet its own requirements
- The defendant must accept every affidavit as conclusive
- The plaintiff’s preference makes Rule 35 safeguards irrelevant
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 34 section 1, answer failing to tender an issue or admitting material allegations and the marriage or legal-separation exception.
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 34 section 2, apparent no-issue basis for court-initiated or motion-based judgment and Rule 15 treatment otherwise; Rule 8 section 11, unliquidated damages.
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