If a lawsuit is dismissed in court, can the plaintiff bring the same claim or suit again to court?
Why or why not? And do the Fed. R. Civ. P. apply here? If so, which one? Thanks for any answers.
You can't be tried twice for the same offense. Its against the 'double jeopardy' theory.
Depending on the situation you might be able to appeal the dismissal, but generally its not worth it unless you have a superb lawyer.
You can't start the same suit again once it has been dismissed other than by appeal.
Answer:
Since you're asking about a lawsuit, and the above answers all seem to deal with criminal trials, I wouldn't read a lot into those answers.
It depends on if the case was dismissed with or without prejudice. With prejudice means it can be brought again in front of the court. Without prejudice means it can't. While the Fed. R. Civ. P. are a guideline for most state models, you should go by your state statutes.
It depends on the Court the lawsuit is filed through. Just use O J Simpson as a example, he was acquitted of murder through a criminal court and then convicted of the same crime through a civil court. It is really hard to uphold the second conviction because of the first trials outcome. That is why O J has never paid the millions the civil court fined him. Double jeopardy!!
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