Practice question
A party files a motion to declare the defendant in default. The applicant labels it 'non-litigious' and requests action under §4 without the §5 opposition procedure. Which is correct?
- Every default motion is non-litigious because default concerns silence.
- The applicant's label determines the category.
- The motion is automatically granted when filed.
- A motion to declare default is expressly listed as litigious under §5.
- The motion is a judgment rather than a party application.
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://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/99055 — AM19-10-20-SC, November26 2024, Rule13-A (electronic filing/service; summons exception).
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