Practice question
A party names a witness but fails to attach that witness’s judicial affidavit to the pleading stating the claim. Before trial the party asks admission of the additional witness and presents meritorious reasons. Which is correct under Rule 7 section 6?
- Any omitted affidavit means the witness is forever barred regardless of reasons
- Naming alone always suffices and reasons are unnecessary
- The ordinary attached-affidavit restriction applies, but the court may admit additional witnesses on the specified meritorious-reasons basis
- The witness may testify automatically without any court assessment
- Every pleading becomes a criminal information
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 7 sections 3–6, signature certification, verification, forum-shopping certification and required witness and evidence contents.
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 7 unchanged sections 1–2, caption and body, read with the 2019 amendments.
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