QUESTION

If civil plaintiff voluntarily dismiss his suit' how long does he have to refille?

Asked on Aug 05th, 2013 on Breach of Contract - Ohio
More details to this question:
N/A
Report Abuse

1 ANSWER

Domestic Relations Attorney serving Lorain, OH
Partner at Sylkatis Law, LLC
1 Award
Pursuant to Ohio Revised Code 2305.19(A) a plaintiff who voluntarily dismisses their lawsuit, pursuant to Civil Rule 41(A)(1), must refile within one year after the date of the dismissal or within the period of the original applicable statute of limitations, whichever occurs later.  So for example, the statute of limitations for a written contract is 8 years.  If you file a Complaint for breach of contract soon after the contract is breached but later dismiss the action without prejudice under Civil Rule 41(A)(1) you have the remaining 8 years to refile.  Conversely if you wait 15 years to bring the breach of contract action and then later dismiss under Civil Rule 41(A)(1) you will only have one year to refile the action. 
Answered on Aug 12th, 2013 at 12:02 PM

The answer provided is not legal advice and it is recommended that you seek advice of an attorney.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters