Rule 357.Effect of Dismissal of an Action or Claim
Last verified June 28, 2026
Full Text of Rule 357
Plain-English Summary
Rule 357 protects a litigant whose case leaves the business court on a dismissal. If the business court dismisses an action or claim and the same action or claim is filed in a different court within 60 days after the dismissal becomes final, the applicable statute of limitations is suspended for the period between the two filings — so the detour through the business court does not cost the party its claim on timing grounds.
Frequently Asked Questions
What happens to the statute of limitations if the business court dismisses my case?
Under Rule 357, refiling the same action or claim in a different court within 60 days after the dismissal becomes final suspends limitations for the period between the filings.
How long do you have to refile a case after the business court dismisses it?
Sixty days. Rule 357 suspends the statute of limitations for the gap between filings only if the same action or claim lands in a different court within 60 days after the dismissal becomes final.
Does Rule 357 cover refiling in the business court itself?
No. Rule 357 speaks to filing the same action or claim in a different court, not to refiling in the business court that dismissed it.