Practice question
Plaintiff files its dismissal motion Monday but serves it Thursday. Defendant pleads a counterclaim Tuesday. All other requirements exist. Plaintiff says filing Monday necessarily defeats Section2 protection. Which is correct?
- Only the counterclaim’s dollar amount matters
- Filing and service are always identical
- A motion secretly drafted earlier defeats every claim
- The text uses service Thursday, so the Tuesday pleading precedes the stated event
- The defendant can never plead after a motion is filed
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.