Legal Question in Civil Litigation in Maryland
Dismissal Effect
When appearing in court, plaintiff attorney and defendant are present and answer the clerks' rollcall. Plaintiff asks defendant to agree to a continuance. Defendant refuses. Plaintiff files Praecipe with court clerk stating that a continuance was agreed to and leaves the court. When case is called, plaintiff is not present. Defendant explains to judge the how the Praecipe was submitted under false pretenses and move for dismissal, which is granted without comment. Plaintiff reinstates claim 60 days later. Wasn't this case settled and finished upon the granting of the dismissal? And if it so how can this case be stopped and plaintiff prevented from any further harassing tactics.
2 Answers from Attorneys
Re: Dismissal Effect
In general, unless the case was dismissed "with prejudice" or there are other circumstances, such as the running of the statute of limitations, or a determination of the merits of the merits of the case, the Plainitff is free to refile the suit.
Re: Dismissal Effect
If this was in DC, Rule 41(b) of the Superior Court Rules of Civil Procedure provides that the dismissal is with prejudice and that the claim cannot be brought again, unless the order provides otherwise. That Rule is also applicable in DC Small Claims Court. In Maryland courts, the rule is not so clear, but you can argue that it should be treated as dismissed with prejudice. You will need to plead res judicata (previously decided) in the new suit if it is in a court where pleadings are required, or if in DC Small Claims or MD District Court, just present a certified copy of the prior order, or ask the Clerk to pull the file from the old case and have it available for the judge (do this beforehand and then that day make sure it is there).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
