Practice question
After examining a properly supported motion, the court finds certain material facts uncontroverted but other material facts genuinely disputed, so it cannot adjudicate the whole case. What may it do under current Rule 35 section 4?
- Dismiss all remaining claims without adjudication
- Declare every contested fact automatically true for the movant
- Require that every admitted fact be proved again without exception
- Ascertain the uncontroverted material facts, treat them as established and direct further proceedings on the controverted facts
- Bar both parties from presenting any evidence on the remaining issues
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.
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