Legal Question in Personal Injury in Maryland

Once charges are dropped by a plaintiff

can the plaintiff re-file at a later date?


Asked on 12/24/09, 7:29 am

2 Answers from Attorneys

Paula McGill Attorney at Law

You put this under personal injury law and tort law. Therefore, I assume you're talking about a civil action. If a person files a complaint against you and voluntarily dismisses it, he can refile against you within the applicable statute of limitations/refiling period.

If the statute of limitations/refiling period has expired and the person refiles against you, you should file a motion to dismiss (limitations period). If you don't assert this defense, you will lose it.

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Answered on 12/29/09, 7:42 am
Cedulie Laumann Arden Law Firm, LLC

The earlier attorney's answer alerted you to the statute of limitations, which is a key factor.

Additionally, you should also check to see whether the court records note dismissal "with prejudice" or "without prejudice." If a dismissal is "with prejudice" it means that the plaintiff cannot re-file, even it is within the correct time period. After the defendant has answered, the plaintiff usually needs to get the defendant to sign off or the dismissal will be "with prejudice" and prevent any re-filing.

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Answered on 12/29/09, 8:34 am


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