Practice question
A court hears a Section13 motion supported by affidavits. The applicant supplies counter-affidavits, but the court finds improper issuance and an uncured defect. The applicant insists only the final trial can address attachment. Which is best?
- The court must wait for final judgment in every case
- The court must order the corresponding setting aside or discharge under Section13
- Counter-affidavits conclusively defeat the motion
- The sheriff alone decides legal sufficiency
- A pending main claim validates all attachment defects
Legal references
- Rule57 Section13: https://lawphil.net/courts/rules/rc_1-71_civil.html
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