§ 5-119. Limitation on refiling claim dismissed without prejudice

   (a) Scope. --

   (1) This section does not apply to a voluntary dismissal of a civil action or claim by the party who commenced the action or claim.

   (2) This section applies only to a civil action or claim that is dismissed once for failure to file a report in accordance with § 3-2A-04(b)(3) of this article.

(b) Refiling of claim after dismissal. -- If a civil action or claim is commenced by a party within the applicable period of limitations and is dismissed without prejudice, the party may commence a new civil action or claim for the same cause against the same party or parties on or before the later of:

   (1) The expiration of the applicable period of limitations;

   (2) 60 days from the date of the dismissal; or

   (3) August 1, 2007, if the action or claim was dismissed on or after November 17, 2006, but before June 1, 2007.

HISTORY: 2007, ch. 324.