Practice question
An answer contains new matters but attaches no actionable document. The plaintiff wants both to dispute those matters and to assert a new claim arising from them, and proposes a reply as the universal vehicle. Which follows current Rule 6 section 10?
- The new matters are deemed admitted unless a reply is filed
- The plaintiff must file a rejoinder immediately
- The new matters are deemed controverted; an appropriate amended or supplemental complaint, rather than an impermissible general reply, is the vehicle for the new claim
- Every new matter automatically defeats the complaint
- A reply automatically becomes a counterclaim against the plaintiff
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 6, sections 2–3, 5, 7–8 and 10–11, pleadings, defenses, counterclaims, replies and third-party claims.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 6 unchanged sections 1, 4, 6 and 9, read with the 2019 amendments rather than superseded reply text.
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