Practice question
After responsive pleading, a plaintiff asks leave for a substantial amendment that would confer jurisdiction the court did not possess. The motion’s purpose is established. He argues leave is mandatory whenever an added issue is convenient. Which current Section3 clause applies?
- Leave shall be refused when the motion is made to confer jurisdiction on the court
- Amendment always creates jurisdiction
- Convenience overrides the express prohibition
- The parties’ consent supplies every statutory grant
- Only the caption matters
Legal references
- 2019 Civil Procedure Amendments, Rule10 Sections3,6 and8: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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