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If a case is thrown out in one state, can it be re-filed in another? (res judicata)

As I cannot give legal advice and do not know the exact circumstances of the case being thrown out, I cannot say for sure whether or not a case thrown out in a different state can be re-filed in your state. Do you know any reasons as to why the case was dismissed in the other state. For example, if someone files for custody in a state where the child does not live, the court may not have jurisdiction (power) over the custody matter. In that case, often times the court will direct the person to re-file in another state where the child has lived for the past 6 months, known as the child’s “home state.” Or sometimes a case may be dismissed because the person who filed it didn’t show up for the court date. In general, if a petitioner who files a petition asking the judge for specific legal relief does not show up to court, the judge may dismiss the petition “without prejudice,” which basically means that the petitioner is not prevented (prejudiced) from bringing the case back to court and requesting the same legal relief. Sometimes, a petition may be dismissed “with prejudice,” which makes it harder to re-bring the same petition. Often times, there are limited reasons why a petition may be dismissed with prejudice such as if there were multiple court dates where the case was litigated and after spending much time and resources on the case, the petitioner withdraws the petition.

Generally, whether a person can re-file a case in a new state may also depend on whether certain factors were met when the first case was “thrown out.” For example, if the judge heard evidence and made a final judgment on the merits of the case, then a person may be barred from bringing the same claim against the same party later.

A lawyer familiar with the laws in STATE who can review the details of your situation may be able to give you legal advice about your case. Oftentimes, in complicated cases, getting a lawyer can really help. Here is a link to both legal assistance programs and a lawyer referral service for your state: LINK

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