Practice question
An order grants the plaintiff’s Section2 dismissal motion, says nothing specifying prejudice, and the protected defendant timely elects same-action counterclaim resolution. The plaintiff says silence necessarily means with prejudice as to its complaint and cancellation of the counterclaim. Which is best?
- Both asserted consequences follow from silence
- Every dismissal order has the same default
- The defendant’s timely preference is irrelevant
- Section2 ordinarily makes that complaint dismissal without prejudice and preserves the protected counterclaim through its stated route
- The court must automatically award all counterclaim damages
Legal references
- Rule17 Section2: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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