Philippine Bar review · Topic

Dismissal upon Motion by Plaintiff; Effect on Counterclaim

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Practice questions

  1. Does Section2 expressly preserve prosecution of a protected counterclaim in a separate action?
  2. Plaintiff files its dismissal motion Monday but serves it Thursday. Defendant pleads a counterclaim Tuesday. All other …
  3. A protected defendant chooses to prosecute its counterclaim separately and does not timely request same-action resoluti…
  4. After answer, plaintiff seeks Section2 dismissal but demands that the judge approve every requested condition as an abs…
  5. A valid class suit has affected absent members. Named parties sign a private compromise and demand that it dismiss the …
  6. A counterclaim is pleaded after the motion is filed but before it is served. Explain Section2’s express timing event.
  7. Explain why a protected counterclaim need not be abandoned merely because the defendant chooses separate prosecution.
  8. Explain the court’s role where plaintiff requests post-answer dismissal and asks to impose terms on a class compromise …