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Philippine Bar review · Question

Practice question: Judicial Affidavit Rule (AM 12-8-8-SC)

Multiple Choice Hard

Practice question

In a civil case governed by the Judicial Affidavit Rule, a party files a notarized affidavit containing hearsay answers and then insists notarization makes every answer admissible. The opponent timely identifies the inadmissible answers. Which is best?
  1. The opponent may move to strike inadmissible answers and the court must rule
  2. Notarization defeats every evidentiary objection
  3. The whole case must automatically be dismissed
  4. Only the notary can exclude an answer
  5. Every statement in every affidavit is automatically firsthand knowledge

Legal references

  • AM 12-8-8-SC, Section 6: https://lawphil.net/courts/supreme/am/am_12-8-8-sc_2012.html

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