Voluntary dismissals after SB 68
A tighter window for dismissing your own lawsuit and refiling it.
Last updated: October 6, 2026
What changed
A plaintiff can now dismiss a case without a court order only within 60 days after the defendant files an answer. After that, dismissal generally takes a court order or an agreement of the parties.
Before SB 68, a plaintiff could usually dismiss once without prejudice any time before the first witness testified and refile within six months. Choosing the right court and the right defendants at the start matters more now.
Under the old rules, the case might have been dismissed and refiled. Now, past the 60-day window, that move usually needs the court’s permission.
Illustration only, with made-up facts. Your case depends on its own facts.
Official sources
Look up each section in the Official Code of Georgia Annotated (free public access). Laws change; always read the current text.
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