QUESTION
I am pro se and want to drop acomplaint and file later. I am in the Discovery part now.
Asked on Mar 01st, 2013 on Civil Litigation - Ohio
1 ANSWER
A plaintiff has the opportunity to dismiss his case voluntarily once with a right to re-file pursuant to Rule 41(A) of the Ohio Rules of Civil Procedure. The case must be filed within one year from the date of filing the voluntary dismissal or before the expiration of the statute of limitations, whichever is longer per the savings statute found at R.C. 2305.19. I would suggest you review both Rule 41 and R.C. 2305.19 before dismissing your case.
The case is dismissed by filing a Notice of Voluntary Dismissal signed by you with the Clerk of Courts office.
There is very specific language that must be included the voluntary dismissal, including that the case is being dismissed without prejudice, otherwise than on the merits, and with the right to re-file reserved. I would suggest that you either obtain a sample to review, or consult with an attorney to ensure that you have the proper language. Without the proper language, your dismissal could be treated as with prejudice, meaning you would not be allowed to re-file.
Please note, you only get one voluntary dismissal. If you have already voluntarily dismissed the case once (in any court), a second voluntary dismissal is treated as on the merits, and you would be barred from refiling your complaint. It is strongly advised that you consult with an attorney to make sure you are eligible to voluntarily dismiss your complaint and that if you are, that you do so properly.
Answered on Mar 01st, 2013 at 3:11 PM