Practice question
After a responsive pleading, a party seeks a substantial amendment. The judge proposes admitting it privately without notice or opportunity for the adversary to be heard. Which Section3 procedure is missing?
- Motion in court, notice to the adverse party and opportunity to be heard
- Only the amending party’s private consent
- A mandatory jury verdict
- Only a telephone message to the clerk
- An automatic waiver by every opponent
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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