Practice question
Within what current Rule 35 period may the adverse party file a comment and serve opposing affidavits, depositions or admissions?
- Thirty working days from judgment
- At any time without a limit
- A nonextendible five calendar days from receipt of the motion
- Only three days before a mandatory hearing
- Exactly ten days from the complaint
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.