Practice question
A summons merely directs the defendant to attend a hearing and omits any direction to answer. Counsel argues that a hearing date necessarily substitutes for Section 2(c). Which is sound?
- A hearing date automatically erases the answer requirement.
- Section 2(c) concerns only witnesses.
- Every defendant must wait silently for trial regardless of pleading rules.
- The plaintiff may prohibit any answer through a template.
- The required answer direction must still be supplied.
Legal references
- 2019 Amendments to Civil Procedure, Rule 14, particularly Sections 1-5, 8, 13 and 23, as applicable to the stated issue: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rules of Court, Rule 9 Section 3(d), limits on judgment against a party in default, read with current amendments: https://lawphil.net/courts/rules/rc_1-71_civil.html
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