Saturday, August 7, 2010

Statute of limitations for dismissed civil case?

If a civil case relies on a five-year statute of limitations, which would have expired 12/15/07, and the case was dismissed without prejudice 12/10/07, does the plaintiff have to correct and re-file the case during the five days between 12/10/07 and 12/15/07, or does the plaintiff get extra time because of the dismissal without prejudice?Statute of limitations for dismissed civil case?
I know in Georgia if it was dismissed you have within 6 months (including service to defendant) of the date of dismissal to re-file the claim, but you can only do that 1 time. Most civil cases are 2 year statute of limitations.Statute of limitations for dismissed civil case?
The dismissal of the claim does not have any impact upon the statute of limitations. The same time period applies.





However, re-filing the claim, it having been dismissed, may raise an argument of abuse of process.

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