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  1. #1
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    Nov 2007
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    Default Refiling a Civil Suit After Dismissal Without Prejudice

    When does the statue of limitations start in Ohio for a personal injury civil case as a result of an alleged assult if the case was dismissed without prejudice? Is it when the incident was supposed to of occured, or is there an extention of time after the dismissal?

  2. #2
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    Default Re: Refiling a Civil Suit After Dismissal Without Prejudice

    Dismissal doesn't restart or extend the statute of limitations. You would need to refile before the limitations period runs, or successfully reinstate the dismissed lawsuit. I suggest consulting a lawyer.

  3. #3
    Join Date
    Nov 2007
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    Default Re: Refiling a Civil Suit After Dismissal Without Prejudice

    Thank You for your reply. I wish I could hire an attorney, but the criminal case drained us financially. The plaintiff is a dirtbag with an extensive criminal record who concocted the story for revenge and then the civil suit for financial gain. The illeged incident took place 11/07/04. The first civil suit was filed 11/07/05, then dismissed without prejudice on 11/09/06 by the plaintiff, we counter sued and there is no mention in any court documents of that being dismissed. The next civil suit was filed 11/09/07. I could let the evidence that our expensive criminal attorney and the lack of evidence (MAYBE EVEN EXCULPATORY) that the prosecutors office spent lots of money trying to find, to speak at the trial. I prefer to just get this over and behind us, as I would never receive any award from my counter suit since the dirtbag has nothing and wont work. Do I file an answer to the complaint or can I file a motion to dismiss due to statue of limitations instead?

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Refiling a Civil Suit After Dismissal Without Prejudice

    If you don't answer a complaint against you, you risk being defaulted. It may be possible to extend the statute of limitations in your state with the consent of the defendant, but why would they give it?

  5. #5
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    Nov 2007
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    6

    Default Re: Refiling a Civil Suit After Dismissal Without Prejudice

    I do not want to grant an extension of the statue of limitations. I have read that in Ohio there is a "Saving Statute...O.R.C. 2305.19" that allows a plaintiff to refile up to 1 year after they dismiss thier claim, as long as the statue of limitations has run out. Once again the plaintiff has filed exactly 1 year, to the day, later. Since I counter claimed in the first civil suit and did not dismiss my claim, does that have a bearing on weather they can refile under the "savings statute "?

  6. #6
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Refiling a Civil Suit After Dismissal Without Prejudice

    If that statute applies to your case, you've left out an incredible amount of background information. Go consult a lawyer.
    Quote Quoting O.R.C. Sec. 2305.19 Saving in case of reversal.
    (A) In any action that is commenced or attempted to be commenced, if in due time a judgment for the plaintiff is reversed or if the plaintiff fails otherwise than upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the plaintiff’s representative may commence a new action within one year after the date of the reversal of the judgment or the plaintiff’s failure otherwise than upon the merits or within the period of the original applicable statute of limitations, whichever occurs later. This division applies to any claim asserted in any pleading by a defendant.

    (B) If the defendant in an action described in division (A) of this section is a foreign or domestic corporation, and whether its charter prescribes the manner or place of service of process on the defendant, and if it passes into the hands of a receiver before the expiration of the one year period or the period of the original applicable statute of limitations, whichever is applicable, as described in that division, then service to be made within one year following the original service or attempt to begin the action may be made upon that receiver or the receiver’s cashier, treasurer, secretary, clerk, or managing agent, or if none of these officers can be found, by a copy left at the office or the usual place of business of any of those agents or officers of the receiver with the person having charge of the office or place of business. If that corporation is a railroad company, summons may be served on any regular ticket or freight agent of the receiver, and if there is no regular ticket or freight agent of the receiver, then upon any conductor of the receiver, in any county in the state in which the railroad is located. The summons shall be returned as if served on that defendant corporation.

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