Practice question
In a permitted ex parte hearing, the judge delegates reception of evidence to a clerk of court who is a lawyer. The clerk admits an exhibit over an objection and claims delegated reception includes final power to rule on admissibility. Which is correct under Rule 30 section 9?
- Every delegation gives the clerk the judge’s full adjudicative powers
- The clerk has no power to rule on objections; the court resolves them on the prescribed report and transcripts
- The clerk may impose final judgment without the judge
- The objection is automatically waived by ex parte reception
- Only the opposing witness may decide admissibility
Legal references
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — current Rule 30 sections 1–3 and 5–9, continuous trial, timing, illness postponement, oral offers, agreed facts and evidence reception.
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