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Supreme Court of Ohio

Description

May Plaintiff Unilaterally Dismiss Civil Suit 'Without Prejudice' After Trial Has Commenced?

In Case Where Mistrial Is Declared

U.S. District Court, Southern District of Ohio

ISSUE: After a trial has commenced in a civil lawsuit, does Ohio Civil Rule 41(A)(1)(a) permit the plaintiff to unilaterally dismiss his or her claims "without prejudice" (i.e., without the dismissal operating as a judgment on the merits against the plaintiff) when the court proceeding that was commenced resulted in a mistrial?

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Ohio Government Judicial Branch Supreme Court of Ohio

Markers Transcript

00:00:39	Elizabeth B. Wright for Ford Motor Company Inc.
00:09:00	Arthur H. Schlemmer for Kenneth M. Schwering
00:27:35	Summation: Elizabeth B. Wright for Ford Motor Company Inc.
00:32:37	Summation: Damond R. Mace for TRW Vehicle Safety Systems Inc.

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Note : Transcripts are compiled from uncorrected captions