Van Buren, AR asked in Constitutional Law and Civil Litigation for Arkansas

Q: Can I file a civil suit I had dismissed

I dismissed the case until I got out from incarcerated

2 Lawyer Answers
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: In Arkansas, if you voluntarily dismissed your civil case without prejudice, you generally have the right to refile the lawsuit at a later date, subject to the applicable statute of limitations. However, if the case was dismissed with prejudice, you would be barred from refiling the same claim.

Here are a few important points to consider:

1. Statute of limitations: Ensure that the time limit for filing your specific type of claim has not expired. Statutes of limitations vary depending on the nature of the case.

2. Reason for dismissal: If you dismissed the case due to your incarceration, you might be able to argue that the statute of limitations should be tolled (paused) for the period of your incarceration. However, this depends on the specific circumstances of your case.

3. Dismissal with or without prejudice: Confirm whether your case was dismissed with or without prejudice. If it was dismissed without prejudice, you should be able to refile.

4. Changes in circumstances: Consider whether any changes in your situation or the facts of the case have occurred since the dismissal that might affect your ability to refile or the strength of your claim.

It is highly recommended that you consult with a licensed attorney in Arkansas who can review the specifics of your case, advise you on the best course of action, and help you navigate the legal process if you decide to refile your lawsuit.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: It could depend on the form of dismissal. If it was done "without prejudice," that generally means the plaintiff has the right to refile, provided that it is within the statute of limitations. This is a generality - it would be best to consult with an Arkansas attorney for definitive guidance. Good luck

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