Philippine Bar review · Question

Practice question: Litigious and Non-litigious Motions

Multiple Choice Hard

Practice question

A party moves to amend after a responsive pleading has been filed but calls the request non-litigious because the proposed change is short. Which is correct?
  1. Word count conclusively makes the request non-litigious.
  2. Section 5 expressly lists a motion to amend after a responsive pleading as litigious.
  3. Every amendment request necessarily requires no opposition.
  4. The existence of a responsive pleading is irrelevant to the listed category.
  5. The proposed pleading becomes automatically admitted upon filing the motion.

Legal references

  • 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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