A judgment of retraxit is a legal ruling that occurs when a plaintiff voluntarily withdraws their lawsuit. This judgment effectively bars the plaintiff from bringing the same claim again in the future. In other words, once a judgment of retraxit is issued, the plaintiff cannot relitigate the matter.
This term is primarily used in civil litigation. It applies when a plaintiff decides to retract their action before the case is fully resolved. A judgment of retraxit is significant because it prevents the plaintiff from pursuing the same claim in a different case. Users may encounter this term when dealing with civil actions, particularly in contract disputes or personal injury claims. Legal templates available through US Legal Forms can assist users in managing the necessary documentation related to such actions.
Here are a couple of examples of abatement:
Example 1: A person files a lawsuit for breach of contract but later decides to withdraw the claim. The court issues a judgment of retraxit, preventing them from filing another lawsuit for the same breach.
Example 2: A plaintiff in a personal injury case withdraws their action due to a settlement agreement. The court then issues a judgment of retraxit, which bars them from pursuing the same injury claim in the future.
| State | Notes |
|---|---|
| California | Judgment of retraxit is recognized, preventing relitigation of the same claim. |
| New York | Similar provisions exist, but specific procedural rules may vary. |
| Texas | Judgment of retraxit applies, but the process may differ slightly in execution. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Difference |
|---|---|---|
| Dismissal without prejudice | A court order that ends a case but allows the plaintiff to refile in the future. | Unlike a judgment of retraxit, this allows for future litigation on the same claim. |
| Judgment on the merits | A final decision by a court based on the evidence presented. | A judgment of retraxit does not involve a decision on the merits of the case. |
If you find yourself in a situation where a judgment of retraxit may apply, consider the following steps:
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It is a ruling that occurs when a plaintiff withdraws their lawsuit, preventing future claims on the same issue.