Under which circumstance is a plaintiff’s second voluntary dismissal considered with prejudice in Georgia?

Study for the Georgia Bar Exam. Prepare with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

In Georgia, a plaintiff's second voluntary dismissal is considered with prejudice when it is made after the plaintiff has already had a previous voluntary dismissal of the same action. This rule is a protective measure intended to prevent abuse of the legal system by allowing a plaintiff to repeatedly dismiss and refile claims against a defendant.

When a plaintiff voluntarily dismisses a case, they generally have the opportunity to refile it if they do so before a second voluntary dismissal. However, after the second dismissal, the legal effect is that the plaintiff is barred from pursuing that same claim again in the future. This is intended to promote finality and to protect defendants from the uncertainty and potential harm caused by repeated claims on the same issue.

The other options illustrate situations but do not pertain to the direct implications of multiple voluntary dismissals. While dismissals can occur at various stages of a case, it is specifically the occurrence of a second voluntary dismissal that triggers the "with prejudice" designation, highlighting why this choice is the correct answer.

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