Text of the provision
Sec. 1. Dismissal upon notice by plaintiff. — 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 for summary judgment. Upon such notice being filed, the court shall issue an order confirming the dismissal. Unless otherwise stated in the notice, the dismissal is without prejudice, except that a notice operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in a competent court an action based on or including the same claim.
2019 Rules of Civil Procedure (A.M. No. 19-10-20-SC), Rule 17, Section 1. Reproduced verbatim and verified word-for-word against the Supreme Court's official text and the ChanRobles rendering.
About this section
This is Section 1 of Rule 17 (Dismissal Of Actions) of the 2019 Rules of Civil Procedure, the rules promulgated by the Supreme Court in A.M. No. 19-10-20-SC and in force since May 1, 2020. The text above is reproduced verbatim from the current rules.
Questions about this provision
- Can I withdraw the complaint I filed, and can I refile it later?
- I already withdrew this same claim once before — what happens if I dismiss it a second time?
Related provisions
- Section 2 — Dismissal upon motion of plaintiff.
Cases citing this section
- Authorities on this section will be added here as each is verified against primary sources.