Practice question
A court delegates reception of the claimant’s evidence after default. The claimant says that delegation also lets the clerk render the final merits judgment in the judge’s place. Which distinction controls?
- Receiving evidence is different from exercising the court’s adjudicative power
- Delegation automatically transfers the judicial office
- Every clerk may sign the merits judgment
- Default turns the clerk into an arbitrator
- No judicial determination is needed
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
- Rodriguez v Government of USA GR251830 June28,2021 MAIN default remedies: https://lawphil.net/judjuris/juri2021/jun2021/gr_251830_2021.html
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