Practice question
A party submits a memorandum discussing evidence already received and says the memorandum automatically adds an unpleaded independent damages cause. Which is sound?
- Any memorandum automatically rewrites all pleadings.
- Every evidentiary argument is necessarily a new complaint.
- A caption can bypass every amendment requirement.
- Argument in a memorandum is not by itself the required pleading and amendment process for the new claim.
- A supporting brief automatically impleads all mentioned persons.
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
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