When can a plaintiff voluntarily dismiss their action without prejudice?

A plaintiff in Georgia can voluntarily dismiss their action without prejudice before the first witness is sworn in. This means that the plaintiff can withdraw their lawsuit at this stage without any consequences regarding the merits of the case, allowing for the possibility of refiling it in the future. This rule is significant because it provides flexibility to the plaintiff, especially if they believe that continuing the case may not be beneficial or if new information arises that affects their strategy.

Once the trial has commenced and a witness has been sworn in, the circumstances for dismissal change, and the plaintiff would generally need to seek the court’s approval to dismiss the case, which may not be guaranteed. Additionally, it is not necessary for all parties to agree before the first witness is sworn to dismiss the lawsuit. Thus, the freedom to dismiss without prejudice before this point is a key aspect of procedural law in Georgia.