Practice question
An RTC decides a civil case in appellate jurisdiction. A timely proper reconsideration motion is denied. Counsel proposes ordinary Rule41 notice to the CA solely because the denial occurred in an RTC. Which is correct?
- Only a new complaint may be filed
- Every RTC denial changes the case to original jurisdiction
- The denial automatically creates a new trial court
- Use the Rule42 route applicable to the underlying appellate judgment
- Only the motion’s title matters
Legal references
- Continuing Rules35 Section5;36 Sections2–6;37 Sections5,9;38 Sections4–7;41 Section2;22 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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