Practice question
A counterclaimant unjustifiably refuses to prosecute its counterclaim for an unreasonable time. It says Rule17 can never apply because it began as defendant. Which is correct?
- The court must award it without evidence
- Every defendant’s claim is immune from dismissal
- Only the original plaintiff can have prosecution duties
- A counterclaim can never be abandoned
- Section4 extends the relevant dismissal provisions to its affirmative claim
Legal references
- Current2019 Rules17 Sections2–3 and15 Section9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rule17 Sections1 and4 and Rule41 Section1 continuing provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
Answer this question in flashcards to review your response and continue practicing.