Practice question
A plaintiff specifies with prejudice in its first otherwise proper Section1 notice. No two-dismissal history is needed for this question. It later says a first notice can never specify that effect. Which is correct?
- A first notice must always be without prejudice
- The default without-prejudice effect applies unless otherwise stated in the notice
- Only a second notice can ever have final effect
- The plaintiff’s express statement is automatically meaningless
- A notice can never address prejudice
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.