Practice question
A party uses an affidavit to establish electronic-record admissibility and weight. The affiant gives competent firsthand or authentic-record-based facts but refuses to affirm the affidavit in open court or submit to the opponent's cross-examination, claiming Rule 9 makes it unnecessary. Which response is correct?
- An affidavit permanently abolishes cross-examination
- The opponent must accept it without question
- Only the judge may ever ask anything
- Rule 9 requires the affiant to affirm in open court and permits cross-examination as a matter of right
- An affidavit automatically converts every record into a judgment
Legal references
- Rules on Electronic Evidence, A.M. No. 01-7-01-SC, Rule 8 Sections 1–2 and Rule 9 Sections 1–2: https://lawphil.net/courts/supreme/am/am_01-7-01_sc_2001.html
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