What dismissals are WITH prejudice?


The following are dismissals with prejudice under the Rules of Court:

[1] Dismissal upon mere NOTICE without order of the court when filed by a party who was once dismissed in a competent court an action based on or including the same claim (Rule 17, Sec. 1).
[2] Dismissal by order of the court upon a party’s MOTION which specifies that the same shall be with prejudice to the filing of a subsequent action based on or including the same claim (Rule 17, Sec. 2).
[3] Dismissal upon motion of a defendant or on the court’s motion upon plaintiff’s FAILURE TO PROSECUTE his claim (Rule 17, Sec. 3).
[4] Dismissal as a result of plaintiff’s FAILURE TO APPEAR during the pre-trial, unless otherwise ordered by the court (Rule 18, Sec. 5).

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