Practice question
A plaintiff first voluntarily dismisses a claim by a proper notice in a competent court. It refiles the same claim and, again within the Section1 notice stage, files a second notice asserting without prejudice. The complete history establishes the two-dismissal rule. Which is best?
- The words without prejudice always override the exception
- Only a third dismissal can ever matter
- The second notice operates as an adjudication on the merits under the established exception
- Every plaintiff may restart the notice count by refiling
- A new case number necessarily makes a new claim
Legal references
- Rule17 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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