Practice question
A party wants to dismiss its cross-claim by notice before any responsive pleading or summary-judgment motion is served. All Section4 conditions exist and no special restriction applies. The objection is that Section1 can never reach a cross-claim. Which is correct?
- The claimant must first confess liability
- Cross-claims are expressly excluded from Rule17
- Only the adverse party may withdraw it
- A full trial is always mandatory before withdrawal
- Section4 expressly extends the mechanism to that claim
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
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