answer within the period prescribed by Rule 11 counted from service of the amended pleading, unless the

court provides a longer period. (4a)

Section 5. Effect of dismissal. — Subject to the right of appeal, an order granting a motion to dismiss
based on paragraphs (f), (h) and (i) of section 1 hereof shall bar the refiling of the same action or claim. (n)

Section 6. Pleading grounds as affirmative defenses. — If no motion to dismiss has been filed, any of the
grounds for dismissal provided for in this Rule may be pleaded as an affirmative defense in the answer and, in
the discretion of the court, a preliminary hearing may be had thereon as if a motion to dismiss had been filed.
(5a)

The dismissal of the complaint under this section shall be without prejudice to the prosecution in the same or
separate action of a counterclaim pleaded in the answer. (n)

RULE 17

Dismissal of Actions

Section 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. (1a)

Section 2. Dismissal upon motion of plaintiff. — Except as provided in the preceding section, a complaint
shall not be dismissed at the plaintiff's instance save upon approval of the court and upon such terms and
conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service
upon him of the plaintiffs motion for dismissal, the dismissal shall be limited to the complaint. The dismissal
shall be without prejudice to the right of the defendant to prosecute his counterclaim in a separate action
unless within fifteen (15) days from notice of the motion he manifests his preference to have his counterclaim
resolved in the same action. Unless otherwise specified in the order, a dismissal under this paragraph shall be
without prejudice. A class suit shall not be dismissed or compromised without the approval of the court. (2a)

Section 3. Dismissal due to fault of plaintiff. — If, for no justifiable cause, the plaintiff fails to appear on
the date of the presentation of his evidence in chief on the complaint, or to prosecute his action for an
unreasonable length of time, or to comply with these Rules or any order of the court, the complaint may be
dismissed upon motion of the defendant or upon the court's own motion, without prejudice to the right of the
defendant to prosecute his counterclaim in the same or in a separate action. This dismissal shall have the
effect of an adjudication upon the merits, unless otherwise declared by the court. (3a)

Section 4. Dismissal of counterclaim, cross-claim, or third-party complaint. — The provisions of this Rule
shall apply to the dismissal of any counterclaim, cross-claim, or third-party complaint. A voluntary dismissal by
the claimant by notice as in section 1 of this Rule, shall be made before a responsive pleading or a motion for
summary judgment is served or, if there is none, before the introduction of evidence at the trial or hearing.
(4a)

RULE 18

Pre-Trial

Section 1. When conducted. — After the last pleading has been served and filed, if shall be the duty of the
plaintiff to promptly move ex parte that the case be set for pre-trial (5a, R20)

Section 2. Nature and purpose. — The pre-trial is mandatory. The court shall consider:

(a) The possibility of an amicable settlement or of a submission to alternative modes of dispute resolution;

(b) The simplification of the issues;

(c) The necessity or desirability of amendments to the pleadings;

(d) Th