Practice question
A party files a proper litigious motion, serves it, and the adverse party timely submits an opposition. The court finds the papers sufficient and resolves the motion without an oral hearing. The losing party argues that the 2019 Rules require the applicant to set every such motion for hearing. Which is correct?
- The argument applies an obsolete automatic-hearing premise; under §6 the court may call a hearing if it deems one necessary.
- Every written motion must always have a hearing date chosen by the applicant.
- The court may never hear any litigious motion orally.
- An opposition is forbidden if there is no hearing.
- No litigious motion may be decided on the papers.
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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