Practice question
A complaint relies on a representative suing for another. It omits all facts showing representative authority. Counsel says Rule8 never requires such facts because capacity can always be assumed. Which is correct?
- Section4 requires facts showing authority to sue in the representative capacity
- Representative authority is never pleaded
- The caption alone cures every omission
- Only the defendant’s authority matters
- The court must invent the authority
Legal references
- 2019 Rules of Civil Procedure, AM19-10-20-SC, Rules6–9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Continuing provisions marked no amendment in2019, Rules6 Sections9,12,13;7 Section2;8 Sections2,4,9;9 Sections1–2: https://lawphil.net/courts/rules/rc_1-71_civil.html
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