Practice question
A party seeks substantial leave to amend, but the court finds the original pleading stated no cause of action from the beginning which could be amended. What does current Section3 prescribe?
- Refusal of leave on that stated ground
- Mandatory leave regardless of the finding
- Automatic judgment for the amending party
- A requirement that the opponent draft a claim
- A conclusive presumption of jurisdiction
Legal references
- 2019 Civil Procedure Amendments, relevant current Rules9–12: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Court, relevant unchanged provisions of Rules9–12: https://lawphil.net/courts/rules/rc_1-71_civil.html
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