Philippine Bar review · Topic
Dismissal upon Motion by Plaintiff; Effect on Counterclaim
Explore Dismissal upon Motion by Plaintiff; Effect on Counterclaim in Dismissal (Rule 17) for the Philippine Bar. Browse subtopics and published practice…
Explore the syllabus
Direct subtopics
This topic has no further subtopics. Explore its practice questions below.
Put it into practice
Practice questions
- Outside Section1, dismissal at the plaintiff’s instance ordinarily requires what under Section2?
- What is Section2’s default prejudice effect unless the order specifies otherwise?
- If a defendant pleaded a counterclaim before service of the plaintiff’s dismissal motion, the dismissal is limited to w…
- A defendant timely manifests a preference to resolve its protected counterclaim in the same action within the Section2 …
- A class suit is before the court. The named plaintiff proposes dismissal or compromise solely by private agreement, wit…
- Before receiving the plaintiff’s dismissal motion, the defendant has pleaded a counterclaim. The plaintiff asks that di…
- An order grants the plaintiff’s Section2 dismissal motion, says nothing specifying prejudice, and the protected defenda…
- Describe how Section2 protects a counterclaim pleaded before service of the plaintiff’s dismissal motion.
- Why is a plaintiff’s post-answer wish to withdraw not equivalent to the early Section1 notice right?
- What does silence about prejudice in a Section2 order ordinarily mean, and what does it not decide about a surviving co…
- Does Section2 permit the court to impose proper terms and conditions on plaintiff-requested dismissal?
- For counterclaim protection, does Section2 compare pleading the counterclaim with service of the dismissal motion?