Rule 273 Effect of Involuntary Dismissal

When a judge dismisses your case against your wishes, that dismissal usually counts as a final decision on the merits of your case. This means you cannot simply refile the same lawsuit and try again.

There are a few exceptions. If your case was dismissed because the court did not have the power to hear it, because you filed in the wrong location, or because you failed to include a necessary party, you may be able to refile. In those situations, the dismissal does not count as a final ruling against you.

A judge can also specify in the dismissal order that you are allowed to refile. If the order says so, or if a state law allows it, you would not be permanently barred from bringing the case again.