Legal Question in Civil Litigation in Maryland

If the defendant has not yet filed a notice to defend the suit, the plaintiff can do this. If the notice to defend has been filed, the defendant would have to stipulate (agree) to the dismissal, and you would have to make sure it states it is "without prejudice", in order to be able to refile it. Also, if there is a statute of limitations issue (generally means the case must be brought within 3 years of the incident, with certain exceptions), the circuit court filing date would have to be within the limitations period.