Philippine Bar review · Topic
Dismissal upon Notice by Plaintiff; Two-dismissal Rule
Explore Dismissal upon Notice by Plaintiff; Two-dismissal Rule in Dismissal (Rule 17) for the Philippine Bar. Browse subtopics and published practice…
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Practice questions
- When does Rule17 Section1 ordinarily allow dismissal by the plaintiff’s notice?
- A first proper Section1 notice states nothing about prejudice and no two-dismissal exception applies. What is the ordin…
- What claim relationship is central to Section1’s two-dismissal exception?
- The defendant’s answer has already been served. The plaintiff files a notice claiming Section1 still provides an unrest…
- No answer has been served, but a motion for summary judgment has been served before the plaintiff’s notice. The plainti…
- A plaintiff first voluntarily dismisses a claim by a proper notice in a competent court. It refiles the same claim and,…
- A party invokes the two-dismissal rule by showing two old case numbers, but one concerned a different claim and the his…
- State the Section1 notice window and distinguish it from later dismissal on motion.
- Explain why a second notice may have merits effect despite stating without prejudice.
- Why is showing two prior case numbers insufficient by itself to establish the two-dismissal rule?
- Does Rule17 Section1 use service of the answer, rather than its mere preparation, as a cutoff?
- Upon a proper Section1 notice, what order does the rule direct the court to issue?