Practice question
A Section3 plaintiff-fault dismissal says nothing declaring a different effect. The plaintiff assumes it is without prejudice solely because it did not hear witnesses on the substantive claim. Which is best?
- A merits effect always requires full trial testimony
- All procedural dismissals permit unlimited refiling
- The plaintiff alone chooses the effect afterward
- The default is always Section2’s rule
- Section3 expressly gives merits effect unless the court declares otherwise
Legal references
- Rule17 Section3: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
Answer this question in flashcards to review your response and continue practicing.