Legal Question in Civil Litigation in Pennsylvania

If a civil suit was filed against someone and at the hearing the judge dismissed the case without prejudice the plaintiff can refile the case. The question is... does the plaintiff have to come up with new evidence or reason to file suit again or can the plaintiff simply resubmit the original info and basically try the same case again? Thank you


Asked on 9/29/10, 9:34 pm

1 Answer from Attorneys
Cary Hall Law Offices of Cary B. Hall, L.L.C.

Legally, you can file again without meeting any technical evidentiary standard -- but the important point is that the plaintiff's case was dismissed for a reason! If that same reason still exists, the same result will happen . . . except this time, it will probably be dismissed *with* prejudice, meaning you cannot file again.

Realistically, the plaintiff needs to remedy the defect that caused the court to dismiss the suit in the first place. Someone once said that the definition of "crazy" is to repeat the same actions over and over and expect different results. In this case, filing the lawsuit again with the exact same facts and circumstances is crazy. Best of luck to you.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com

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Answered on 10/05/10, 7:55 am


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