Rule 17 Dismissal of Actions

Section 1 Notice of dismissal by plaintiff

- Provides that a complaint may be dismissed by the plaintiff by filing a notice of dismissal at any time before service of the answer or of a motion of summary judgment.

- Upon such notice being filed, the court shall issue an order confirming the dismissal

- The rule allow the plaintiff to withdraw but its requires the court to confirm the dismissal.

Section 2 Motion of dismissal by plaintiff

- If a counterclaim has been pleaded by a defendant prior to the service of dismissal by plaintiff, the dismissal shall be limited to the complaint.

- In such a situation the dismissal shall be without prejudice to the right of the defendant to prosecute his counterclaim in a seperarte action unless within 15 days from notice of the motion he manifests his preference to have his counterclaim resolved in the same action.

Section 3 Dismissal due to fault of plaintiff

- Plaintiff failure to appear, to prosecute, to comply with these rules or any order of the court as a ground for dismissal if there is no justifiable cause.

Ex.

1. Failure to appear on the date of the presentation of evidence in chief on the complaint.

However the court may no longer where the evidence may already be sufficient to establish the cause of action

If not dismissal should be on the sufficiency. The unwillingness of the party to proceed to trial becayse of the absence of the counsel after being given time to secure services of counsel is ground for dismissal2. Failure to comply with the riles

3. Failure to prosecute for an unreasonable length of time Test of failure to prosecute

4. Failure to comply with order of the court. The defendant may mover for the dismissal of the complaint even before the court has acquired jurisdiction over the person.

Ex.

1. Dismissal for failure to comply with the order to amend complain to make claims asserted more definite is ground for dismissal. Where the plaintiff was ordered by the court to file an answer to the defendants motion to dismiss but failed to do so or where the plaintiff was required by the trial court to take depositions of witnesses in foreign countries but no effort was made by him to obtain such depositions the case can be properly dismissed

2. Failure to comply with an order to include indispensable parties is a ground for dismissal

3. The court may motu proprio dismiss the complain for failure to comply with the rules4. Same rule on failing to comply with actionable documents5. Failure to submite a compromise agreement within the period granted to them by the court is not a ground for dismissal