Voluntary Dismissals and the Savings Statute: Has Rule 41(A) Changed the Law

Prior to the adoption of the new Ohio Rules of Civil Procedure, it had been held that a suit voluntarily dismissed could not be refiled under the provisions of the savings statute. Ohio Civil Rule 41(A) replaced the prior Code section providing for voluntary dis- missals and, by its language, suggested that at least one refiling of the suit would be permitted under the savings statute. However, the one reported judicial decision squarely on point at the time of this writing, Brookman v. Northern Trading Co., rejects the apparent purpose of Rule 41 (A) and adheres to the pre-Rule view of the law. This article will examine the arguments made in support of that decision, and will find them unpersuasive.

It will conclude with the suggestion that Rule 41 (A) has indeed changed the law.