Practice question
A civil witness’s affidavit is filed in a proceeding governed by the Judicial Affidavit Rule, but the witness fails to appear at the required scheduled hearing. No alternative testimony procedure or excusing order applies. Counsel asks the judge to consider it solely because it was filed on time. Which is best?
- Filing always dispenses with the required appearance
- Timely filing alone does not overcome Section 10(b)’s nonappearance rule
- The affidavit automatically becomes the opponent’s admission
- The affidavit’s length supplies cross-examination
- The notary must automatically testify as the affiant
Legal references
- AM 12-8-8-SC, Section 10(b): https://lawphil.net/courts/supreme/am/am_12-8-8-sc_2012.html
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