Practice question
A special civil-action rule is silent on a procedural point. An ordinary civil-action provision validly governs that point and conflicts with no special provision. Counsel claims the word special excludes every ordinary rule. Which is correct?
- The judge may never consult the Rules
- All ordinary rules are categorically excluded
- Only oral agreements govern the gap
- The case must be dismissed solely because it is special
- The claim contradicts Rule1 Section3(a)
Legal references
- Rules of Court, Rule1 Sections3 and6: https://lawphil.net/courts/rules/rc_1-71_civil.html
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