Practice question
What pleading condition ordinarily supports judgment on the pleadings under Rule 34?
- Any answer simply because it was filed late at night
- An answer failing to tender an issue or otherwise admitting the adverse pleading’s material allegations
- Every answer containing a genuine material factual dispute
- Only a witness’s refusal to attend
- Only a party’s demand for publicity
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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