Practice question
The court recalls an unserved summons. Without obtaining new court-issued process, a party photocopies the recalled document and delivers the copy, claiming the old process remains valid forever under section 4. Which is correct?
- The continuing-validity rule expressly yields to court recall; the private copy does not revive recalled process
- Every photocopy necessarily revives every recalled judicial document
- Only a witness may decide whether recall matters
- Court recall affects only the color of the paper
- Recall automatically establishes the plaintiff’s claim on the merits
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 14 sections 2–6 and 20–21, continuing validity, court recall, alias after loss or destruction, proper service and return.
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