Practice question
The case has not moved because the court itself repeatedly reset hearings despite plaintiff’s timely compliance and readiness. No unreasonable plaintiff-caused nonprosecution is established. Defendant relies only on elapsed time. Which is correct?
- The court must invent an unperformed order
- Every court reset is automatically plaintiff fault
- Plaintiff must control the judge’s calendar
- Elapsed time alone does not establish the stipulated plaintiff-fault ground
- Any delay necessarily requires dismissal
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.