Practice question
A defendant validly declared in default does not participate at trial. The complaint asks only a specified money amount. The plaintiff demands double that amount and a different kind of relief solely because no answer was filed. Which is best?
- Default removes every limit on relief
- The plaintiff’s later wish automatically amends the prayer
- Rule9 limits a default judgment’s amount and kind; default does not authorize the requested excess or different relief
- The clerk may choose any award
- Default necessarily proves all future allegations
Legal references
- Rule9 Section3 and3(d): https://lawphil.net/courts/rules/rc_1-71_civil.html
Answer this question in flashcards to review your response and continue practicing.