Baltimore, MD asked in Civil Litigation for Maryland

Q: Can I just withdraw a lawsuit at any time if I feel like it?

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2 Lawyer Answers

Ronald V. Miller Jr.

  • Baltimore, MD
  • Licensed in Maryland

A: It would be nice to have the context of the questions. But, generally, you can absolutely dismiss a case at any time. I would request a dismissal "without prejudice" if you may have any desire to revise the claim.

Timothy Fizer agrees with this answer

Mark Oakley

  • Rockville, MD
  • Licensed in Maryland

A: If the defendant has not yet filed a responsive pleading, then you can voluntarily dismiss without prejudice (meaning you can re-file later if you like). If the defendant has filed a responsive pleading, then the dismissal will be with prejudice (can't re-file) unless you get the defendant's consent to dismiss without prejudice, or file a motion and have the court grant the dismissal as being without prejudice. If the defendant has filed a counter-claim against you, then the defendant's counter-claim will not be dismissed and you will still be defending that claim even if you dismiss your original claim.

Timothy Fizer agrees with this answer

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