Legal Question in Civil Litigation in Ohio

If a case is thrown out of court, can it be submitted to the court a second time?


Asked on 4/16/12, 9:56 am

1 Answer from Attorneys

Daniel Myers Myers Law, LLC

You may be able to, it depends on how, why, how many times, and when it was thrown out. Sometimes a plaintiff can refile its case after it is thrown out if the dismissal was "without prejudice." If it was dismissed "with prejudice" then it cannot be refiled, but can be appealed. If it was decided on the merits (by a jury/judge at trial, or on a Motion for Summary Judgment) then it likely cannot be refiled, but may be able to be appealed. If you are the plaintiff, and you dismiss it yourself, and it is your first time doing so, you may be able to refile it, but you have a strict deadline after you dismiss your case voluntarily to refile it.

It really depends on the specific way it was thrown out and what the judge wrote in the order throwing it out. Without more specifics, I cannot give you any actual advice on your question. You should speak to a lawyer in your area if you are concerned that a case might be refiled against you, or you might want to refile your case (if it was your case that was dismissed). If you tell a lawyer your specific issue, and the facts of what happened, that lawyer should be able to give you a more direct answer. Unfortunately, I cannot do that right now.

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Answered on 4/16/12, 10:01 am


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