Practice question
A claimant moves for summary judgment before any pleading in answer to that claim has been served. The claimant relies solely on Rule 35 section 1’s timing authorization. Which is correct?
- Section 1 permits the claimant at any time before even filing the case
- The claimant and defending party have identical timing language
- A pending motion automatically counts as the answer
- Section 1’s claimant route requires the pleading in answer to have been served
- No claimant may ever seek summary judgment
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 35 sections 1–4 and 6, timing, five-day opposition, discretionary hearing, no genuine material issue and facts established for remaining trial.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 35 unchanged section 5, personal-knowledge affidavits, admissible facts, competence and certified supporting papers; apply amended motion procedure rather than old ten-day and three-day provisions.
Answer this question in flashcards to review your response and continue practicing.