Legal Question in Personal Injury in Massachusetts

Can I move my lawsuit to another state by refiling in the other state?

I filed a lawsuit in a state that is far away, someones advice led me there, however, since nothing has started but service, can I on my own go to the court here and refile a new case? Or can I start a new case under a different reason with the same defendants, the case has not been dismissed.


Asked on 6/17/08, 10:19 am

2 Answers from Attorneys

David Slepkow Slepkow Slepkow & Associates, Inc.

Re: Can I move my lawsuit to another state by refiling in the other state?

You appear to be completely lost. It seems like you should not be representing yourself because you have no idea what your doing. You need to retain a Massachusetts (MA) Lawyer / Attorney or perhaps a lawyer in another state.

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Answered on 6/30/08, 10:07 pm

Re: Can I move my lawsuit to another state by refiling in the other state?

Take a step back. You are getting advice and filing lawsuits on your own and asking for further advice on the internet? Get a grip, man. If you have a case why not break down and get yourself a real lawyer, not random bits of advice at the corner bar, cocktail party or on-line. In any event, you need to consider jurisdiction and whether the lawsuit can be maintained in MA. There is a whole course in law school on this. Typically you can always withdraw a suit when it is filed, but be careful before you do so to preserve your right to re-file there or elsewhere. There is a prohibition against claims splitting, and typically you cannot file another suit against the same parties arising out of the same "transaction or occurrence." To me, what you are doing is kind of like me talking to a plumber at a cocktail party and getting some advice and going out and doing plumbing. No disrespect intended, but you have got to know this is not a businesslike or wise way to go about a serious matter. Regards, JBS

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Answered on 6/18/08, 8:21 am


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