Practice question
A defendant discovers default after judgment but while the appropriate new-trial remedy remains timely. What procedural distinction matters?
- Post-judgment relief must be sought through the applicable remedy, rather than pretending judgment has not been rendered
- Rule9’s before-judgment motion has no time limitation
- Every motion automatically reopens trial
- Default permits no post-judgment remedy
- A new answer alone vacates judgment
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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