What happens if a plaintiff withdraws after valid service and re-files outside the statute of limitations?

When a plaintiff withdraws their case after valid service but then re-files outside the statute of limitations, the original service remains valid and the action is preserved under law. This principle is rooted in the idea that a party should not be penalized for withdrawing a legal action if they later choose to pursue it again, as long as they had initially complied with the legal requirements for service.

The law permits a plaintiff to abandon a case without tampering with the original service, as long as the re-filing occurs within the allowable timeframe after withdrawing. However, if the plaintiff re-files outside of the statute of limitations, they cannot relitigate the case, as the timeframe to bring that specific action has lapsed. Importantly, all procedural steps taken, including the valid service of the initial complaint, maintain their validity, thus allowing the original action to stand in terms of how the case had been initiated prior to the withdrawal.

This principle ensures fairness in legal proceedings and provides a mechanism for plaintiffs to manage changes in their litigation strategy without losing the benefits of their earlier actions as long as they adhere to the statutory requirements.