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?
1 Answer from Attorneys
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.
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