Practice question
Counsel drafts a filing plan using Section 2’s five-day rule as permission to ignore current Rule 7 Section 6’s pleading-stage affidavit requirements in a case where they apply. Which is sound?
- The older rule always repeals every later pleading amendment.
- Read the affidavit rule together with the applicable current pleading requirements.
- Affidavits may never accompany pleadings.
- The party may choose any convenient timing regardless of the rules.
- A draft schedule alone creates a binding exemption.
Legal references
- Judicial Affidavit Rule, AM 12-8-8-SC, Sections 2-3 and 5-8, read with current Rule 7 Section 6 where applicable: https://lawphil.net/courts/supreme/am/am_12-8-8-sc_2012.html
- 2019 Amendments to Rules of Civil Procedure, Rule 7 Sections 4-6: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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