Practice question
Is an affidavit supplied only as evidentiary support for a motion necessarily the pleading that asserts the party’s cause of action?
- No.
- Yes; every affidavit is automatically a complaint.
- Yes; a supporting document always replaces the required pleading.
- Yes; every witness becomes the plaintiff.
- Yes; evidence and pleadings are identical categories.
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.