Practice question
A party seeks leave to file an amended answer and attaches the proposed answer. The applicant argues that the motion and attached pleading are legally indistinguishable, so the court must treat the proposed pleading as admitted merely upon receipt. Which is correct?
- Every attachment is admitted automatically.
- The motion requests leave; the attached answer is the pleading sought to be admitted, and attaching it does not itself grant leave.
- The proposed answer becomes a court judgment.
- No proposed pleading may accompany a motion.
- The motion is invalid solely because the proposed answer contains defenses.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, current 2019 amendments, Rules8§12,14§§20–23 and15.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rules6§1 and15§§1,3 (definitions/content retained without amendment in AM19-10-20-SC).
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