Practice question
Must the clerk invent a guardian-ad-litem appointment order to attach when no such appointment exists?
- Yes; an order must be fabricated for every adult defendant.
- Yes; every litigant is automatically incompetent.
- No; the attachment requirement is qualified by if any.
- Yes; the plaintiff’s private note is necessarily a judicial appointment.
- Yes; a nonexistent order must be backdated.
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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