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Civpro Assignment #2
Civpro Assignment #2
1. If a counterclaim is filed in the MTC in excess of its jurisdictional amount, the excess is considered waived. What is the remedy to collect the balance? 2. As a rule, a compulsory counterclaim not set up in the answer is deemed barred. Is this absolute? 3. What is the effect of failure to reply? 4. What is the rule on counterclaim? 5. How must a denial of the allegations in a complaint be made? 6. When is a counterclaim compulsory? 7. How are actionable documents contested? 8. What is the remedy when the cross-claim matures after the pleading is filed? 9. What is the rule with regard to substantial amendments? 10. If the presentation of evidence will the end of substantial justice, can the court allow amendments of pleadings?