Legal Question in Civil Litigation in Wisconsin

Can a new case be filed after the plaintiff gets a dismissal and does not serve notice that a new case has been filed?


Asked on 7/01/15, 9:39 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, there is no limitation that I know of on refiling of lawsuits after they are dismissed without prejudice. An opposing party, however, might be able to get an award of costs due to wasted time or other damages on account of the dismissal and refiling. You might also have a basis to fight the new case if there was no valid reason for dismissal of the first one. Either way, if a new case is filed, it would normally need to be re-served upon opposing parties all over again. An experienced civil litigation lawyer could provide a good deal more help to you than posting questions online, since we have so little information in this format that we usually cannot give meaningful answers. Any lawyer would need to first review all the records and paperwork from both lawsuits before answering this question in any meaningful fashion.

Answering this question does not make me your attorney, but you can post comments here for clarifications, etc. You can also see past answers to similar questions on AVVO at. View over fifteen years of past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency. See 15 years of past answers at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixon . Answers may contain attorney advertising materials. .

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Answered on 7/01/15, 12:57 pm


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