Practice question
A defendant timely manifests a preference to resolve its protected counterclaim in the same action within the Section2 fifteen-calendar-day period from notice of the dismissal motion. Which is best?
- The Rule recognizes that same-action preference rather than requiring a separate lawsuit in every case
- A counterclaim always disappears with the complaint
- Only a separate case is possible regardless of the manifestation
- The plaintiff may veto every continuation by withdrawing
- The manifestation proves the counterclaim’s merits
Legal references
- Rule17 Section2: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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