Practice question
A multi-claim action is ready for separate judgment on ClaimOne, but transaction-related counterclaims have not been determined. Counsel says Section5 mentions only the plaintiff’s issue and requires no attention to those counterclaims. Which is correct?
- Section5 expressly includes all counterclaims arising from the claim’s transaction or occurrence
- Related counterclaims are expressly irrelevant
- Separate judgment automatically erases them
- Only an unrelated debt matters
- The plaintiff can unilaterally decide their disposition
Legal references
- Continuing Rules35 Section5;36 Sections2–6;37 Sections5,9;38 Sections4–7;41 Section2;22 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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