Practice question
In an ordinary civil case with no different period fixed by the court, a clerk’s template directs an answer within ten calendar days rather than the current Rule 11 period of thirty calendar days after service. Which is correct?
- An old template necessarily overrides amended Rules.
- The clerk may independently shorten every answer period.
- The defendant must obey any typo as a new statute.
- The direction should conform to the applicable current answer period.
- No answer period need be identified or respected.
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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