Legal Question in Civil Litigation in Ohio

I was a defendent in a small claims case. The plaintiffs did not show for court and the case was dismissed. Can they refile the claim?


Asked on 6/07/10, 6:32 pm

1 Answer from Attorneys
Neil Rubin Neil S. Rubin, Attorney at Law, LLC

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This depends on how the claim was dismissed. In general, if it was "dismissed without prejudice", they can refile. If it was "dismissed WITH prejudice" they can not refile. In addition, the particular municipal court may have a local rule that once dismissed, a case can not be refiled.

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Answered on 6/10/10, 8:42 am


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