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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 May 14, 2023. On August 31, 2023, 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 September 4, 2023 and filed an answer on October 4, 2023. Which of the following statements is correct?

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The amendments apply retroactively to all actions, and the deadline to answer is 30 days from the promulgation date; thus the due date would be September 30, 2023, making October 4, 2023 late. The amendments provide that the 30-day period begins from the promulgation date and runs regardless of service; thus due date would be August 31, 2023; October 4, 2023 is late. The amendments apply prospectively to actions pending at the time of promulgation, and the deadline to answer is 30 days from service of summons; thus the defendant's answer on October 4, 2023 is timely. No retroactivity clause means the amendments do not apply to pending actions; the 20-day period applies and the October 4, 2023 filing is late.

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