Philippine Bar review · Question

Practice question: Litigious and Non-litigious Motions

Multiple Choice Medium

Practice question

A party seeks cancellation of a statutory lien and labels it non-litigious merely because no oral testimony is requested. Which is correct?
  1. Absence of requested testimony makes every motion non-litigious.
  2. A party’s label overrides the list.
  3. Every lien-cancellation request must be granted without service.
  4. Section 5 expressly classifies the motion as litigious.
  5. The request cannot affect any adverse interest.

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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