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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Plaintiff P filed a complaint for collection of a sum of money against Defendant D. After issues were joined and the case was set for trial, Plaintiff P failed to appear at the scheduled trial despite due notice. On motion of Defendant D, the trial court dismissed the action for fault of the plaintiff under Rule 17, Sec. 3, with an order stating that the dismissal is without prejudice to Plaintiff P's right to commence a new action for the same cause of action. (a) Identify the controlling doctrine under Rule 17, Sec. 3 and the essential elements required for a dismissal for fault of the plaintiff. (b) Is the court’s dismissal proper under the rule? Explain your answer with particular focus on the effect of such dismissal (including whether it is with or without prejudice) and the consequences for a potential refiling. (c) If Plaintiff P wishes to pursue the same claim, what are the permissible options and any limitations that must be observed, including prescription considerations that may affect a refiling?

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