Practice question
The pleadings contain no ostensible factual issue and otherwise satisfy Rule 34. The defendant demands pretrial solely as a mandatory waiting step. Which is correct?
- The defendant always can force pretrial despite the complete no-issue posture.
- A conference is a substantive element of every debt.
- The court must create a factual issue to hold trial.
- The absence of pretrial alone does not defeat the otherwise proper judgment procedure.
- Rule 34 is unavailable until the last witness testifies.
Legal references
- Laqui v. Sagun, G.R. No. 271967, November 4, 2024, main decision, judgment on pleadings before pretrial and specific denials: https://lawphil.net/judjuris/juri2024/nov2024/gr_271967_2024.html
- 2019 Amendments to Civil Procedure, Rules 23-34, particularly the current provisions cited in each explanation: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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