What dismissals are WITHOUT prejudice?


Under the Rules of Court, the following are dismissals without prejudice:

[1] Dismissal for the first time by plaintiff upon mere NOTICE without order of the court (Rule 17, Sec. 1).
[2] Dismissal by order of the court upon plaintiff’s own MOTION (Rule 17, Sec. 2).
[3] Dismissal upon motion of defendant or upon the court’s own motion upon FAILURE TO PROSECUTE by plaintiff and the court SPECIFIES that the same shall be without prejudice (Rule 17, Sec. 3).

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