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Home / Opinion Digests / Civil Practice / Civil Practice – Voluntary Dismissal & Refiled Complaint – Untimely – Extension of Time to File – No Summons (access required)

Civil Practice – Voluntary Dismissal & Refiled Complaint – Untimely – Extension of Time to File – No Summons (access required)

Within a year after he voluntarily dismissed his complaint on 26 September 2018, plaintiff obtained from the clerk of court an order extending the time to re-file his complaint; however, plaintiff did not have a summons issued at that time. Since the statute of limitations applicable to his cause of action had expired, and since ...

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