Q: Can I just withdraw a lawsuit at any time if I feel like it?
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
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
