Practice question
A dismissal motion accuses plaintiff of ignoring an order, but the court record proves full timely compliance and no other fault ground. Defendant says an accusation alone compels Section3 dismissal. Which is sound?
- A motion’s accusation is conclusive proof
- The asserted noncompliance must actually be established
- Compliance is legally irrelevant
- Only defendant may interpret the record
- The court must dismiss every disputed action
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.