Philippine Bar review · Question

Practice question: Dismissal upon Notice by Plaintiff; Two-dismissal Rule

Multiple Choice Easy

Practice question

Under Rule17 Section4, may the voluntary-notice mechanism apply to dismissal of a counterclaim?
  1. Only the original plaintiff has any dismissal mechanism
  2. No, counterclaimants can never withdraw a claim
  3. Yes
  4. Only prosecutors may withdraw claims
  5. Only final judgments can dismiss counterclaims

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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