Practice question
Within the Rule41 residual stage, an appellant requests withdrawal under all applicable conditions. Counsel objects that the residual list contains no withdrawal authority. Which is correct?
- The court must rewrite the appealed merits instead
- No withdrawal authority is mentioned
- Only a new trial is listed
- Only property valuation is listed
- Withdrawal is expressly listed
Legal references
- Rules41 Section9,42 Section8 and39 Section2, continuing appellate provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
- Supreme Court2019 Civil Procedure text, Rules39–42: https://sc.judiciary.gov.ph/wp-content/uploads/2022/08/2019-rules-of-civil-procedure.pdf
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