Practice question
A complaint and proof of payment of the requisite legal fees reach the court. The complaint is not facially dismissible under Rule9 §1. Counsel proposes waiting for the defendant's approval before directing issuance. What does Rule14 §1 require?
- Wait until the defendant voluntarily agrees.
- Wait until trial evidence is completed.
- Have the plaintiff issue a private summons.
- The court must direct the clerk to issue summons within five calendar days from the specified receipt.
- Treat the complaint itself as a summons signed by the plaintiff.
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — AM19-10-20-SC, 2019 amendments, Rule14 §§1–5,13,20–23.
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/99055 — AM19-10-20-SC, November26 2024, Rule13-A (express summons exception).
Answer this question in flashcards to review your response and continue practicing.