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Georgia Voluntary Dismissal 60-Day Rule After SB 68

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Before 2025, a Georgia plaintiff could drop a lawsuit at almost any time before trial and refile it later. Senate Bill 68 changed that. Now you can dismiss without court permission only within 60 days after the defendant files an answer. After that, you need the judge’s approval or the other side’s agreement.

What the Law Says

O.C.G.A. § 9-11-41, Dismissal of actions; recommencement within six months, as amended in 2025, states in part:

(a) Voluntary dismissal; effect.

(1) By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court:

(A) By filing a written notice of dismissal at any time before the sixtieth day following the date the opposing party serves an answer; or

(B) By filing a stipulation of dismissal signed by all parties who have appeared in the action.

(2) Effect. A dismissal under paragraph (1) of this subsection is without prejudice, except that if the plaintiff previously dismissed any federal or state court action based on or including the same claim, such notice or stipulation operates as an adjudication upon the merits.

(3) By order of court. Except as provided in paragraph (1) of this subsection, an action shall not be dismissed upon the plaintiff’s motion except upon order of the court and upon the terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiff’s motion to dismiss, the action shall not be dismissed against the defendant’s objection unless the counterclaim can remain pending for independent adjudication by the court. Unless the court order states otherwise, a dismissal under this paragraph is without prejudice.

You can read the full statute on the Georgia General Assembly’s official code site. The 2025 changes come from Senate Bill 68 (2025).

In Plain English

A “voluntary dismissal” is when the plaintiff, the person who filed the lawsuit, chooses to drop it. “Without prejudice” means the plaintiff can file the same case again later. “With prejudice” means the case is over for good.

Under the old rule, a plaintiff could file a notice of dismissal at any time “before the first witness is sworn.” That meant right up to the start of trial. Plaintiffs sometimes used this to escape a bad jury pool or a tough ruling. They would dismiss, then refile the case and start over. Defendants complained this wasted time and money.

Section 3 of Senate Bill 68 struck that language. The new rule in subsection (a)(1)(A) gives the plaintiff 60 days after the defendant serves an answer. An “answer” is the defendant’s formal written response to the lawsuit. Once the 60 days pass, the plaintiff has only two choices. First, get all parties to sign a “stipulation” of dismissal under (a)(1)(B). Second, ask the judge for an order under (a)(3). The judge can allow it “upon the terms and conditions as the court deems proper.” That could include making the plaintiff pay some of the defendant’s costs.

The “two dismissal” rule still applies. Under (a)(2), if you already dismissed the same claim once before, in any state or federal court, a second dismissal counts as a judgment against you. You cannot file a third time.

Subsection (d) adds another cost. If you dismiss and refile, you must first pay the court costs from the dismissed case.

Georgia also has a separate “renewal” statute, O.C.G.A. § 9-2-61. In general terms, it lets a plaintiff refile a dismissed case within six months even if the statute of limitations has run. That statute is not quoted here. Its rules are technical. Do not assume you can refile late without talking to a lawyer.

SB 68 was signed on April 21, 2025 and took effect that day. Section 9 of the bill says that most of its changes, including this one, apply to cases already pending on that date, “unless such application would be unconstitutional.” So the 60-day rule applies to cases filed before April 21, 2025 as well as after.

Example

Brianna sued a trucking company in Fulton County over a highway crash. Her medical bills were $95,000. The trucking company served its answer on March 2, 2026.

Brianna’s lawyer has until May 1, 2026, the sixtieth day after the answer, to dismiss the case on his own. Suppose in April he learns that a key witness moved out of state and needs more time to find her. He can file a notice of dismissal before May 1 and refile later, subject to the statute of limitations and renewal rules.

Now suppose he waits until August 2026. The 60 days are long gone. He must either get the trucking company to agree to a dismissal or file a motion asking the judge. The judge can say no, or can attach conditions, such as paying the company’s costs so far. If Brianna had dismissed this same claim once before, a second dismissal would end her case permanently.

Key Points to Remember

  • A plaintiff can now dismiss a case without court permission only within 60 days after the defendant serves an answer.
  • Before SB 68, the deadline was any time before the first witness was sworn at trial.
  • After 60 days, the plaintiff needs either a signed stipulation from all parties or a court order.
  • The judge can put conditions on a court-ordered dismissal.
  • A second dismissal of the same claim counts as a loss on the merits.
  • If you refile, you must first pay the court costs of the dismissed case.
  • The change took effect April 21, 2025 and applies to pending cases unless a court finds that unconstitutional.

Related Georgia Laws

Official Sources

This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.