Practice question
A document titled Motion actually asks to add a new substantive claim that requires a proper pleading and amendment. The filer says the title exempts it from all requirements governing that claim. Which is sound?
- Every motion title automatically permits a new unpleaded cause.
- Examine the actual relief and use the required procedural vehicle; the title alone creates no exemption.
- The paper’s legal function is irrelevant.
- The clerk’s receipt conclusively grants every proposed claim.
- Any argument paper necessarily replaces a complaint.
Legal references
- Rules of Court, Rules 6, 9 Section 1, 15 Sections 1 and 3 and 33, retained provisions read with the current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
- 2019 Amendments to Civil Procedure, Rules 8, 11, 14 Section 23 and 15, as relevant to each stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.