What is "retraxit" in civil procedure?


Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit). A voluntary dismissal with prejudice (meaning the plaintiff is permanently barred from further litigating the same subject matter) is the modern descendant of the common law procedure known as retraxit. (O'Hara v. Teamsters Union Local No. 856, 151 F.3d 1152 (9th Cir. 1998), cited in Voluntary dismissal. From Wikipedia, the free encyclopedia. en.wikipedia.org/wiki/Voluntary_dismissal)

Retraxit is a Latin word which means withdrawal of a legal action. It refers to renunciation in open court of an alleged claim of action. In ancient common law, a retraxit had the effect of forever estopping the plaintiff of raising the same cause of action at some future time. Retraxit is similar to discontinuance used in modern civil litigation. (definitions.uslegal.com/r/retraxit)

What is RETRAXIT? Lat. In practice. An open and voluntary renunciation by a plaintiff of his suit in court, made wheu the trial is called on, by which he forever loses liis actiou, or is barred from commencing another action for tlie same cause. 3 Bl. Comm. 200; 2 Archb. Pr. K. B. 250. A retraxit is the open, public, and voluntary renunciation by the plaintiff, in open court, of his suit or cause of action, and if this is done by the plaintiff, and a judgment entered thereon by the defendant, the plaintiff’s right of action is forever gone. (The Law Dictionary. thelawdictionary.org/retraxit)