Practice question
A protected defendant chooses to prosecute its counterclaim separately and does not timely request same-action resolution. Plaintiff claims that this choice abandons the claim. Which is correct?
- The dismissal motion is a final counterclaim trial
- Every separate-action choice abandons the claim
- Only same-action prosecution is allowed
- The plaintiff automatically wins the counterclaim
- Section2 expressly preserves separate prosecution
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.