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Bar Q: Default

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In a complaint filed by the plaintiff, what is the effect of the defendant’s failure to file an answer within the reglementary period? (1%) (A) The court is allowed to render judgment motu proprio in favor of the plaintiff. (B) The court motu proprio may declare the defendant in default, but only after due notice to the defendant. (C) The court may declare the defendant in default but only upon motion of the plaintiff and with notice to the defendant. (D) The court may declare the defendant in default but only upon motion of the plaintiff, with notice to the defendant, and upon presentation of proof of the defendant’s failure to answer. (E) The above choices are all inaccurate. Answer: E If the defending party fails to answer within the time allowed therefor, the court shall , upon motion of the claiming party with notice to the defending party, and proof of such failure, declare the defending party in default. (Rule 9) The Rule uses the word “shal
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Bar Q: Amendment

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Leave of court is required to amend a complaint or information before arraignment if the amendment __________. (1%) (A) upgrades the nature of the offense from a lower to a higher offense and excludes any of the accused (B) upgrades the nature of the offense from a lower to a higher offense and adds another accused (C) downgrades the nature of the offense from a higher to a lower offense or excludes any accused (D) downgrades the nature of the offense from a higher to a lower offense and adds another accused (E) All the above choices are inaccurate. (2013) Answer: C
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Pre-Trial

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1. Purpose:   J-AA-SSS-C-W amicable settlement simplification amendments stipulations or admissions  witnesses commissioner JOP, SJ or dismissing suspending others - aid  2. mandatory 3. ex parte motion to set case for pre-trial after the last permissible pleading is filed 4.  if plaintiff failes to file said motion, branch clerk of court shall issue notice of pre-trial 5. notice of pre-trial shall be served on the counsel; otherwise on the party himself 6. appearance in the pre-trial - both parties 7. effect of failure to appear by the plaintiff. dismissal with prejudice unless provided. have the effect of adjudication on the merits. remedy is appeal from the order of dismissal. 8. effect of failure to appear by the defendant
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