How do I refile a civil lawsuit that I dismissed without prejudice 13 months ago, if I am going pro se?

UPDATED: Sep 26, 2013

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How do I refile a civil lawsuit that I dismissed without prejudice 13 months ago, if I am going pro se?

I was sued 2 years ago. I responded with a cross-complaint 2 months later. Plaintiff dismissed their action against me about 1 1/2 years ago. I pursued my action against him. We had depositions and even mediation. I did not get to any settlement with him but dismissed 6 weeks before scheduled trial because I ran out of funds to pay the attorney. Now I want to refile the case and take it to trial. I will go pro se and need to know what forms to file and what to do to proceed.

Asked on September 26, 2013 under Business Law, California


Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 9 years ago | Contributor

Hello. Please do turn to an attorney licensed in your state and she/he will be happy to assist you. The sorts of issues you describe tend to hinge on state law. Some attorneys are available seven days for emergency legal needs. Many attorneys will speak initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.



Tricia Dwyer, Esq & Associates PLLC

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Anne Brady / Law Office of Anne Brady

Answered 9 years ago | Contributor

The first thing you need to determine is whether the statute of limitations for your action has passed.  If your counter-claim was for breach of a written contract, for example, you may still be OK on that front.   If the statute of limitations has not passed, you can probably use the counter-claim your attorney drafted for the legal claims section of your complaint.  Look at the former plaintiff's original complaint for a structure for your fact section.  Instead of your attorney's name and address at the top, you will list the same information about yourself.  You will also need a Summons.  Depending on your jurisdiction, you may need a Certificate on Compulsory Arbitration and/or a Civil Cover Sheet.  Check your court's Web site.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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