Philippine Bar review · Question

Practice question: Litigious and Non-litigious Motions

Multiple Choice Hard

Practice question

A written motion is properly classified as non-litigious. The movant argues that this classification eliminates every proof-of-service requirement. Which is sound?
  1. Section 7’s proof-of-service requirement must still be observed.
  2. Non-litigious always means secretly filed without notice.
  3. The classification automatically establishes actual receipt.
  4. No written motion ever needs proof of service.
  5. The label necessarily repeals Section 7.

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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