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- Rule 38 in the context of legal proceedings preserves the right to a jury trial in civil cases1. It requires a specific demand within 14 days after the last pleading directed to the issue. The remedy of a petition for relief from judgment under Rule 38 is available when a decision or order is entered into through fraud, accident, mistake, or excusable negligence23. It is an equitable remedy that allows courts to review a judgment tainted with neglect bordering on extrinsic fraud4.Learn more:✕This summary was generated using AI based on multiple online sources. To view the original source information, use the "Learn more" links.Rule 38 preserves the right to a jury trial in civil cases, requiring a specific demand within 14 days after the last pleading directed to the issue.www.federalrulesofcivilprocedure.org/frcp/title-vi-tri…The remedy of a petition for relief from judgment under Rule 38 of the Rules of Civil Procedure is a remedy provided by law to any person against whom a decision or order is entered into through fraud, accident, mistake or excusable negligence.chanrobles.com/cralawgrno155018december11200…It is available only after a decision or judgment from which relief is sought has became final and executory. In other words, the petition for relief under Rule 38 is to be availed of only in exceptional cases, and where there is another remedy at law, it should not be allowed to be used.chanrobles.com/cralaw/1991octoberdecisions.php?…A petition for relief from judgment under Rule 38 is an equitable remedy which allows courts to review a judgment tainted with neglect bordering on extrinsic fraud. In this case, total damages in the amount of Pl 1 million was awarded in spite of the evidence on record.lawphil.net/judjuris/juri2014/jul2014/gr_174411_201…
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