Philippine Bar review · Topic

Summary Judgments (Rule 35)

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  1. Do Section6’s reasonable expenses include attorney’s fees caused by the offending affidavits?
  2. A defending party submits a proper supported motion before serving its answer. No special restriction applies. The clai…
  3. An affidavit refers to business records but neither attaches nor serves the certified true copies required by Rule35 Se…
  4. The court finds that counsel knowingly submitted Rule35 affidavits solely to delay and thereby caused reasonable expens…
  5. After finding bad-faith summary-judgment affidavits, the court proposes additional contempt punishment without giving t…
  6. Distinguish claimant and defending-party timing under Rule35 without deciding entitlement on the merits.
  7. Counsel refers to records in a summary-judgment affidavit but supplies none. Explain the Section5 supporting-paper requ…
  8. Explain Section6’s reach to counsel, causally related expenses and further contempt procedure.