Litigation is often more stressful, expensive, and time-consuming than expected. As a case progresses, things often change. You may find legal expenses difficult to afford. Maybe the other side fights your case at every turn, harder than expected. Maybe you need time to reconsider your legal strategy or representation.
This raises an important question: Can you simply “pause” a lawsuit by voluntarily dismissing it and re-filing it later?
The answer is sometimes, but there are important rules and significant risks that every plaintiff must understand before taking that step. Under Pennsylvania law, voluntarily ending a lawsuit is called a “discontinuance.” Whether you can bring the case again depends on whether you discontinue with prejudice or without prejudice.
A Discontinuance “With Prejudice”
A discontinuance with prejudice permanently ends the case. In practical terms, it has the same effect as a judge ending a case on the docket. You cannot simply change your mind and re-file the same lawsuit. When a defendant pays to settle a case, they often demand a discontinuance on the docket “with prejudice,” making it clear the case is ended forever. Thus, when a case settled, the parties often agree that the docket will reflect a discontinuance “with prejudice.” But talk to a lawyer as to when the discontinuance should be filed in the settlement process. Ideally, it should be the very least step.
Otherwise, absent a settlement, a discontinuance on the docket carries significant legal consequences:
- Finality: The litigation is permanently barred.
- Dragonetti Act Risks: Except in the case of a settlement, a voluntary discontinuance with prejudice may constitute a “favorable termination” for the purposes of Pennsylvania’s Dragonetti Act (42 Pa.C.S. §§ 8351–8354). This can satisfy one element of a “wrongful use of civil proceedings” claim against you. While the defendant must still prove other elements (such as that the lawsuit was initiated without probable cause and for an improper purpose), plaintiffs should carefully consider this risk before agreeing to such a dismissal.
A Discontinuance “Without Prejudice”
A discontinuance without prejudice is generally a better option if you might want to pursue the claim later. Unlike a dismissal with prejudice, it is not an adjudication on the merits; the court has not ruled on the claims, and the plaintiff is generally free to file a new lawsuit.
However, “without prejudice” does not mean “without limits.”
Two important restrictions often surprise litigants.
1. Statute of Limitations
The biggest misconception in civil litigation is that filing the first lawsuit stops the clock on the statute of limitations. This is incorrect. If you voluntarily discontinue your lawsuit, any new action must be filed before the original statute of limitations expires.
For example, let’s say your claim is for breach of contract: you lent a friend $10,000 to be paid back in monthly payments with interest; however, the friend stops making payments on January 1, 2022. In PA, you have four (4) years to file suit. This gives until January 1, 2026 to commence your case on the docket. You file suit on time. But then your work gets busy. Or you’re going through a divorce. You just don’t have time for the case; so you discontinue the case “without prejudice.” If you later decide to re-file it, you must do so by January 1, 2026.
Otherwise, the claim is barred forever.
Moreover, no rule “re-starts” the statute of limitations or “saves” the case. To the contrary, Pennsylvania’s “saving statute” (42 Pa.C.S. § 5535) specifically excludes actions terminated by voluntary discontinuance from its one-year refiling provision.
Case Study: Dixon v. Heritage Valley Sewickley
The Pennsylvania Superior Court recently reinforced this principle in Dixon v. Heritage Valley Sewickley, No. 307 WDA 2025 (Pa. Super. Ct. May 28, 2026) (non-precedential). In this case, the plaintiff voluntarily discontinued a medical malpractice action. After the two-year statute of limitations expired, they attempted to revive the lawsuit. The court held that this was not permitted. The reasoning? The court noted that once a lawsuit is voluntarily discontinued, it becomes a “legal nullity”—as though it had never been filed.
The appellate court concluded that the mistake of an attorney or litigant, alone, did not serve to toll the limitations period. Nor may the court apply a “fairness” standard. This is because the statute of limitations is a strict rule, the Dixon court noted.
2. Judicial Intervention (Rule 229(c))
Even if you file a second lawsuit within the statute of limitations, the defendant may ask the court to strike off the discontinuance. Pennsylvania Rule of Civil Procedure 229(c) allows a court to intervene to protect a party from “unreasonable inconvenience, vexation, harassment, expense, or prejudice.”
If a case has been pending for months—with significant discovery, depositions, and expert fees—a defendant may argue that starting over causes unnecessary duplication and prejudice. This also creates a liability situation for the plaintiff if a court finds that their conduct was reckless or in bad faith:
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- Abuse of Process: Holding a party responsible when they use a proper legal process (like a subpoena or lawsuit) for an illegal or malicious secondary motive, such as extortion or harassment. You might think: “Well, this clearly does not apply to me.” However, a court may evaluate the evidence and disagree.
- Pa. R.C.P. No. 1023.1: Allowing judges to penalize attorneys or unrepresented parties directly for signing and filing frivolous, meritless, or harassing papers during an active case.
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Talk to an attorney about how these technical rules will apply to the facts in your specific case.
Another Option to “Freeze” a Case: a “Stay” of Proceedings
At times, a court may “stay” (or freeze) a case, short of discontinuing it altogether. This can occur by consent or upon motion to the court.
Example #1: Let’s say you plan to change attorneys. Maybe you want a fresh start. Or your lawyer seeks to withdraw from your case for some reason: retirement, changing practice area, etc. The court will often grant a stay of the proceedings — meaning nothing can occur on the docket — often for a period of thirty to ninety days at the judge’s discretion, to afford the litigant time to focus on getting new counsel, provided this would not cause undue prejudice to the opposing party.
Example #2: Let’s say you have a claim against the Ford Motor Company for selling you a defective F-150 Truck and your case is Johnson v. Ford, but the case may turn on a legal issue currently before the appellate court in Smith v. Ford. Depending on how the Supreme Court rules in Smith, the law may change right in the middle of your trial.
So why should the court and parties go through all that work to get ready for trial in your case, if the law might change right in the middle of trial?
There, the court and parties may want to stay the case, pending the outcome of the Smith appeal.
The Bottom Line
Voluntarily discontinuing a lawsuit is not a simple “pause” button. A discontinuance without prejudice may allow you to file again, but only if you remain within the statute of limitations and do not unfairly burden the opposing party. A discontinuance with prejudice permanently ends your claims and may expose you to future liability.
Disclaimer
This article is provided for general educational and informational purposes only and discusses Pennsylvania law in broad terms. It is not legal advice and should not be relied upon as a substitute for obtaining professional legal counsel regarding your specific circumstances.
Whether a lawsuit should be voluntarily discontinued depends on numerous factors. These include the type of claim, the procedural posture, and potential risks to your legal rights. You should never file a praecipe to discontinue an action or agree to dismiss a lawsuit without first consulting with an experienced Pennsylvania litigation attorney.
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