Q: does a dismissal without prejudice require an order to be signed by a judge?
A: No. An action may be dismissed by the plaintiff, without order or permission of the court, by filing a written notice of dismissal at any time before the first witness is sworn in at a trial.
Tim Akpinar agrees with this answer
A: No, but be careful! A Plaintiff in Georgia is allowed to voluntarily dismiss their case without prejudice before the first witness is called, but there are important limitations on refiling the case. There may be a statute of repose, barring any refiling after a certain time following the event. Also, voluntarily dismissing a case more than once will result in adjudication “on the merits” of the entire action, barring any refiling.
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