Civil Procedure Assignment

Assignment for January 8-11, 2007:

Read Rule 17 to 21.

1. What is the effect of two-dismissal rule?
• The second dismissal shall be with prejudice
• Two dismissal rule - when the same complain had been twice dismissed by the plaintiff simply by filing a notice of dismissal nder Sec. 1 Rule 17, th second dismissal shall be with prejudice.
  
2. May the court dismiss the complaint on the complainant's motion?
• Yes, on the following grounds:
1. the plaintiff fails to appear on the date of the presentation of his evidence-in-chief on the complaint (o.k.a. plaintiff is NON-SUITED)
2. the plaintiff fails to prosecute his action for an unreasonable length of time
3. the plaintiff fails to comply with the Rules of Court
4. the plaintiff fails to comply with any order of the Court
3. May the court dismiss the complaint on the plaintiff's motion?
• Yes, by filing a:
1. Notice of Dismissal - if the defendant's answer or counterclain has not yet been filed
2. Motion to Dismiss - if the defendant's answe or counterclaim has already been filed
   
4. What is the effect of dismissal by the court where there is no statement "with prejudice"?
• It depends
1. It shall be without prejudice if the dismissal was upon notice by the plaintiff, except when the dismissal operates as an adjudication upon the merits (Rule 17, Sec. 1)
2. It shall be without prejudice if the dismissal was upon motion by the plaintiff (Rule 17, Sec. 2)
3. It shall be with prejudice if the dismissal is ion motion by the defendant, or upon the court motu propio, on the grounds due to plaintiff's fault(Rule 17, Sec. 3)
   
5. What is pretrial?
6. What is the purpose of pretrial?
7. What is the effect of failure to mark exhibits during the pretrial?
   
8. What is the effect of failure by the plaintiff to appear at the pretrial conference?
   
9. What is the effect of failure by the defendant to appear at the pretrial conference?
10. Can the court set the pretrial?
11. What is a pretrial brief?
12. What is a pretrial order?
13. What is a motion for intervention?
14. Who may intervene?
15. What are the requisites for intervention?
16. What is a subpoena?
17. What are the different kinds of subpoena?
18. What do you mean by the 100-km rule?
19. Who may serve the subpoena?
20. What is the effect of disobedience to subpoena?