Practice question
A court dismisses the complaint under Section3 for proved unjustified fault, expressly declaring the dismissal without prejudice. The defendant has a pending counterclaim. The plaintiff argues that all counterclaims must disappear because its own complaint was dismissed. Which is best?
- Every complaint dismissal extinguishes every opposing claim
- Only a private settlement can preserve the counterclaim
- The court’s express declaration must always be ignored
- Section3 preserves counterclaim prosecution in the same or a separate action, and its prejudice default is subject to the court’s declaration
- The counterclaim wins automatically without evidence
Legal references
- Rule17 Section3: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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