Practice question
A resident pleads a supported SLAPP defense and a counterclaim for damages and fees. After hearing, the court finds the action is a SLAPP and dismisses it. The plaintiff says dismissal must always be without prejudice and that counterclaim relief is categorically forbidden. Which is best?
- Both assertions are correct
- Dismissal under Rule6 is with prejudice, and supported counterclaim relief may be awarded
- All requested damages are automatically awarded without proof
- The resident must file a new case before any fees can ever be awarded
- The court may never consider litigation expenses
Legal references
- AM09-6-8-SC Rule6 Sections2 and4: https://lawphil.net/courts/supreme/am/am_09-6-8-sc_2010.html
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