State Codes and Statutes

State Codes and Statutes

Statutes > Maryland > Courts-and-judicial-proceedings > Title-5 > Subtitle-1 > 5-119

§ 5-119. Limitation on refiling claim dismissed without prejudice.

(a)  Scope.-  

(1) This section does not apply to a voluntary dismissal of a civil action or claim by the party who commenced the action or claim. 

(2) This section applies only to a civil action or claim that is dismissed once for failure to file a report in accordance with § 3-2A-04(b)(3) of this article. 

(b)  Refiling of claim after dismissal.- If a civil action or claim is commenced by a party within the applicable period of limitations and is dismissed without  prejudice, the party may commence a new civil action or claim for the same cause against the same party or parties on or before the later of: 

(1) The expiration of the applicable period of limitations; 

(2) 60 days from the date of the dismissal; or 

(3) August 1, 2007, if the action or claim was dismissed on or after November 17, 2006, but before June 1, 2007. 

[2007, ch. 324.]