Chapter 11. Civil Practice Act · Article 6. Trials · Last amended 2025 · Last verified July 17, 2026
In one sentenceThis section governs voluntary dismissal by the plaintiff — by notice within 60 days of the defendant’s answer or by stipulation — the two-dismissal rule that turns a second dismissal into an adjudication on the merits, court-ordered and involuntary dismissal, the requirement to pay prior costs before refiling the same claim, and automatic dismissal for want of prosecution after five years with a six-month window to renew.
(1)By plaintiff; by stipulation. Subject to the provisions of subsection (e) of Code Section 9-11-23, Code Section 9-11-66, and any statute, an action may be dismissed by the plaintiff, without order or permission of court:
(A)By filing a written notice of dismissal at any time before the sixtieth day following the date the opposing party serves an answer; or
(B)By filing a stipulation of dismissal signed by all parties who have appeared in the action.
(2)Effect. A dismissal under paragraph (1) of this subsection is without prejudice, except that if the plaintiff previously dismissed any federal or state court action based on or including the same claim, such notice or stipulation operates as an adjudication upon the merits.
(3)By order of court. Except as provided in paragraph (1) of this subsection, an action shall not be dismissed upon the plaintiff’s motion except upon order of the court and upon the terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him or her of the plaintiff’s motion to dismiss, the action shall not be dismissed against the defendant’s objection unless the counterclaim can remain pending for independent adjudication by the court. Unless the court order states otherwise, a dismissal under this paragraph is without prejudice.
(b)Involuntary dismissal; effect thereof. For failure of the plaintiff to prosecute or to comply with this chapter or any order of court, a defendant may move for dismissal of an action or of any claim against him. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of his evidence, the defendant, without waiving his right to offer evidence in the event the motion is not granted, may move for dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine the facts and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. The effect of dismissals shall be as follows: (1) A dismissal for failure of the plaintiff to prosecute does not operate as an adjudication upon the merits; and (2) Any other dismissal under this subsection and any dismissal not provided for in this Code section, other than a dismissal for lack of jurisdiction or for improper venue or for lack of an indispensable party, does operate as an adjudication upon the merits unless the court in its order for dismissal specifies otherwise.
(c)Dismissal of counterclaim, cross-claim, or third-party claim. This Code section also applies to the dismissal of any counterclaim, cross-claim, or third-party claim.
(d)Cost of previously dismissed action. If a plaintiff who has dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the plaintiff shall first pay the court costs of the action previously dismissed.
(e)Dismissal for want of prosecution; recommencement. Any action in which no written order is taken for a period of five years shall automatically stand dismissed, with costs to be taxed against the party plaintiff. For the purposes of this Code section, an order of continuance will be deemed an order. When an action is dismissed under this subsection, if the plaintiff recommences the action within six months following the dismissal then the renewed action shall stand upon the same footing, as to limitation, with the original action.
Plain-English Summary
Subsection (a) covers dismissal the plaintiff controls. Before the 60th day following the defendant’s answer, the plaintiff can dismiss by filing a written notice, no court order needed; a stipulation signed by every party who has appeared works at any time. That kind of dismissal is without prejudice — with one exception. Under the two-dismissal rule, if the plaintiff already dismissed a federal or state court action based on the same claim, the second notice or stipulation operates as an adjudication on the merits, closing the door on a third attempt. Once that window closes, the plaintiff needs a court order to dismiss, and if a defendant has already pleaded a counterclaim, the court can’t dismiss over that defendant’s objection unless the counterclaim can proceed on its own.
Subsection (b) covers dismissal a defendant seeks — for the plaintiff’s failure to prosecute or to follow the chapter or a court order. In a bench trial, after the plaintiff rests, the defendant may move to dismiss on the ground that the plaintiff hasn’t shown a right to relief, without giving up the right to put on evidence if the motion fails. A dismissal for failure to prosecute doesn’t count as an adjudication on the merits; almost every other involuntary dismissal does, unless the court says otherwise or the dismissal rests on jurisdiction, venue, or a missing indispensable party.
The remaining subsections round out the section. Subsection (c) applies the same rules to a dismissed counterclaim, cross-claim, or third-party claim. Subsection (d) requires a plaintiff who dismissed a claim once to pay the costs of that earlier action before commencing the same claim against the same defendant again. And subsection (e) automatically dismisses any action that sits five years without a written order — a continuance order counts as an order and keeps the case alive — while giving the plaintiff six months after that automatic dismissal to recommence the action on the same footing, as to limitations, as the original.
Frequently Asked Questions
How can a plaintiff voluntarily dismiss a case without a court order?
By filing a written notice of dismissal before the 60th day after the defendant serves an answer, or by filing a stipulation of dismissal signed by every party who has appeared in the action.
Does a second voluntary dismissal of the same claim always leave the plaintiff free to sue again?
No. Under the two-dismissal rule, if the plaintiff already dismissed a federal or state court action based on or including the same claim, the second dismissal operates as an adjudication upon the merits.
What happens if a civil action sits without a written order for five years?
It automatically stands dismissed for want of prosecution, with costs taxed against the plaintiff. An order of continuance counts as an order for this purpose and prevents the automatic dismissal.
Can a plaintiff bring back a case that was automatically dismissed after five years of inactivity?
Yes, if the plaintiff recommences the action within six months of the dismissal; the renewed action then stands on the same footing, as to limitation, as the original one.
Does dismissal for failure to prosecute count against the plaintiff as a ruling on the merits?
No. Paragraph (b)(1) specifically excludes dismissal for failure to prosecute from operating as an adjudication upon the merits, unlike most other involuntary dismissals under that subsection.
Amendment History
Ga. L. 1966, p. 609, § 41; Ga. L. 1982, p. 784, §§ 1, 2; Ga. L. 1984, p. 597, § 2; Ga. L. 1985, p. 546, § 1; Ga. L. 1986, p. 816, § 1; Ga. L. 2003, p. 820, § 4; Ga. L. 2025, p. 19, § 3/SB 68, effective April 21, 2025.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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