If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.
Rule 41.04.Costs of previously dismissed action.
Current through June 18, 2026 · Last verified July 9, 2026
In one sentenceThis rule lets a court order a plaintiff who has once dismissed a case, then files the same claim again against the same defendant, to pay the costs of the earlier action and pauses the new case until that payment is made.
Full Text of Rule 41.04
Amendment History
(Adopted effective July 1, 1953.)
Plain-English Summary
If you file a lawsuit, drop it, and later file the same claim again against the same defendant, the court can step in on costs. It may order you to pay for the action you already dismissed before the new case moves forward, and it can pause the new case until you comply.
This gives a defendant some protection against a plaintiff who drops a case and refiles it later, forcing the defendant to answer the same claim twice. The court decides whether an order like this is proper and sets its own terms for compliance.
Frequently Asked Questions
Can a court make me pay costs from a lawsuit I already dropped before I refile it?
Yes. If you commence a new action based on or including the same claim against the same defendant after once dismissing it, the court may order you to pay the costs of that earlier, dismissed action.
What happens if I don't pay the costs the court orders under this rule?
The court may stay the new proceedings, putting the case on hold, until you comply with its order for payment of costs.
Does this rule apply if the defendant dismissed the case, not me?
The rule addresses a plaintiff who has once dismissed an action and then commences a new one on the same claim against the same defendant. It speaks to the plaintiff's own prior dismissal, not a dismissal obtained by the defendant.
Source & verification. The rule text is reproduced verbatim from the
official Kentucky Rules of Civil Procedure (Ky. R. Civ. P. 41.04). Prescribed by the Supreme Court of Kentucky (Ky. Const. § 116). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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