A retraxit differs from a dismissal or discontinuance in that a retraxit is the open, public, and voluntary renunciation by the plaintiff in open court of his action or cause of action. It is positive and conclusive of the plaintiff’s right of action. Where a retraxit is entered by the plaintiff and a judgment is entered thereon by the defendant, the plaintiff’s right of action shall be forever gone. A dismissal or discontinuance is negative, and the plaintiff may recommence his action on the payment of costs.
§ 9-2-62.Retraxit and dismissal or discontinuance distinguished
Chapter 2. Actions Generally · Article 4. Dismissal and Renewal · Last amended 1967 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-62 distinguishes a retraxit — a plaintiff’s open, public renunciation of a claim in court, which permanently bars the right of action once a defendant obtains judgment on it — from an ordinary dismissal or discontinuance, which only pauses a case and lets the plaintiff recommence it after paying costs.
Full Text of § 9-2-62
Plain-English Summary
Not every way of ending a lawsuit leaves the door open to try again. O.C.G.A. § 9-2-62 draws a sharp line between two ways a case can end at the plaintiff’s own hand. A retraxit is the more drastic of the two: the plaintiff stands up in open court and renounces the claim, openly and voluntarily, in a way the statute calls positive and conclusive of the right of action. Once the defendant takes a judgment entered on that retraxit, the plaintiff’s right to sue on that claim is gone for good.
A dismissal or discontinuance works differently. The statute calls it negative rather than conclusive, and it leaves the plaintiff free to bring the action again after paying the costs already run up. That is the same door that O.C.G.A. §§ 9-2-60 and 9-2-61 open further, giving a plaintiff who dismisses or is automatically dismissed a defined window to recommence the case on the same limitations footing as the original filing.
The distinction matters most at the moment a case is winding down. A decision to abandon a claim phrased as an open renunciation with judgment entered on it can permanently close off any second attempt, where an ordinary dismissal would not. Anyone ending a case in a way that looks like a retraxit is giving up more than an ordinary dismissal ever would.
Frequently Asked Questions
What is a retraxit under Georgia law?
An open, public, and voluntary renunciation by the plaintiff, in open court, of the action or cause of action.
Does announcing a retraxit alone permanently end the plaintiff’s right to sue?
The permanent bar attaches once a judgment is entered on the retraxit by the defendant — at that point the statute says the plaintiff’s right of action is forever gone.
Can a plaintiff bring the same claim again after a dismissal or discontinuance?
Yes. The statute calls a dismissal or discontinuance negative, and it lets the plaintiff recommence the action on payment of costs.
What word does the statute use to describe the effect of a retraxit compared to a dismissal?
It calls a retraxit positive and conclusive of the plaintiff’s right of action, while calling a dismissal or discontinuance negative.
Who has to enter judgment on the retraxit for the permanent bar to take effect?
The defendant. The statute ties the permanent bar to a judgment entered on the retraxit by the defendant.
Amendment History
Orig. Code 1863, §§ 3378, 3379; Code 1868, §§ 3397, 3398; Code 1873, §§ 3445, 3446; Code 1882, §§ 3445, 3446; Civil Code 1895, §§ 5042, 5043; Civil Code 1910, §§ 5624, 5625; Code 1933, §§ 3-507, 3-508; Ga. L. 1967, p. 226, § 38.
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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