Practice question
What is the central Rule 35 basis for summary judgment?
- The movant’s confidence alone
- Absence of a genuine issue of material fact except as to the amount of damages, with entitlement to judgment as a matter of law
- The mere existence of conflicting credible evidence requiring trial
- The opponent’s lower income
- An automatic right after any motion is filed
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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