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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

An action for damages was filed on March 1, 2022. On December 15, 2022, the Supreme Court promulgated amendments to the Rules of Court increasing the period to answer from 20 days to 30 days, applying to actions pending at the time of promulgation unless otherwise provided. There is no explicit retroactivity clause. The defendant was personally served on January 3, 2023 and filed an answer on February 2, 2023. (a) Identify the controlling doctrine about applicability of procedural amendments to actions pending at the time of promulgation. (b) Which rule governs the deadline to answer under these facts? (c) Apply the rule to these facts and state the conclusion, with reasoning about prejudice and retroactivity.

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The amendments require an explicit retroactivity clause to apply; since none exists, the 20-day period applies and the answer is untimely. The controlling doctrine is that procedural amendments to the Rules of Court apply prospectively to actions pending at the time of promulgation, and the deadline to answer is 30 days from service of summons; applying these facts yields that the defendant's answer filed on February 2, 2023 is timely. The amendments apply retroactively to all actions, regardless of status, so the deadline to answer remains 20 days from service, making the February 2, 2023 answer untimely. There is no transitional rule; the court may apply the old rule in unsettled cases; the answer is untimely.

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