Practice question
Before receiving the plaintiff’s dismissal motion, the defendant has pleaded a counterclaim. The plaintiff asks that dismissal eliminate it merely because the counterclaim is related to the complaint. Which is best?
- Relationship alone requires automatic extinction
- The plaintiff controls every opposing claim
- Section2’s protection must be applied to the pleaded counterclaim; dismissal is not an automatic merits rejection merely because it is related
- A counterclaim can never be heard after any withdrawal
- Every related counterclaim must automatically win
Legal references
- Rule17 Section2: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
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