Practice question
A counterclaim involves proof likely to prejudice fair consideration of the main claim if tried together. The court finds that separate trial would avoid that prejudice. Does Rule 31 allow that arrangement?
- Yes, section 2 includes separate trial of a counterclaim on the stated grounds
- No, counterclaims must always be tried simultaneously with every issue
- Yes, and separation automatically dismisses the counterclaim
- No, only a newspaper may separate proceedings
- Yes, but only if the counterclaimant concedes defeat
Legal references
- https://lawphil.net/courts/rules/rc_1-71_civil.html — Rule 31 sections 1–2, consolidation, joint hearing and separate trials.
- https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html — 2019 amendments retaining Rule 31 without amendment.
- https://lawphil.net/judjuris/juri2012/apr2012/gr_173820_2012.html — Producers Bank v. Excelsa Industries, G.R. No. 173820, April 16, 2012, main decision distinguishing forms and effects of consolidation.
- https://lawphil.net/judjuris/juri2009/jun2009/gr_183211_2009.html — PNB v. Gotesco Tyan Ming Development, G.R. No. 183211, June 5, 2009, jurisdiction and protection against prejudice in consolidation.
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