Practice question
At trial, a party makes a permissible oral motion on a procedural issue. Opposing counsel is present and ready to object. The movant says that because the motion is oral, the court must grant it without hearing the opponent. Which is correct under current Rule15 §2?
- The writing exception does not eliminate opposition; the Rule calls for immediate resolution after the adverse party has an opportunity to argue.
- Every oral motion is automatically granted.
- The adverse party forfeits the right to oppose every oral motion.
- The oral motion automatically replaces the defendant's written answer.
- No motion may be resolved in open court.
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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