Home Blog What Does Dismissed With Prejudice Mean (All You Need To Know)

What Does Dismissed With Prejudice Mean (All You Need To Know)

What Does Dismissed With Prejudice Mean?

What does it mean for a case to be dismissed “with prejudice”?

How does it work?

Keep reading as we have gathered exactly the information that you need!

Let me explain to you what it means to dismiss a case with prejudice in simple terms!

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What Does Dismissed With Prejudice Mean

When a case in court is dismissed with prejudice, it means that the case is terminated or rejected and the plaintiff will no longer have the ability to refile the same action in the future.

In other words, when a case is dismissed with prejudice, the case is considered to have been decided on its merits.

Typically, when a person’s case is decided by a court on its legal and factual merits, the plaintiff is barred from filing the same action in the future.

Further to the doctrine of “res judicata”, when a plaintiff’s action is judged or adjudicated, that cause of action may no longer be relitigated to avoid a never-ending source of conflict and possible conflicting judgments on the same issue.

Regardless of whether you are dealing with a civil lawsuit or a criminal proceeding, when a case is dismissed with prejudice, the plaintiff’s right to sue on the same grounds is definitively lost.

For example, in a civil lawsuit, if a company sues another for damages and the case is dismissed with prejudice, it means that the company’s lawsuit for damages is done and dealt with.

In the context of criminal proceedings, if a case is dismissed with prejudice, it’s a really good news for the criminal defendant as the prosecutor’s case is dismissed and can never be refiled against the defendant in the future.

Case Dismissed

What does case dismissed mean?

When you hear the phrase “case dismissed”, it means that a court case has been terminated, dropped, or settled.

A case can be voluntarily dismissed or involuntarily dismissed.

When a case is voluntarily dismissed, it means that the plaintiff has requested that a case be dismissed.

The initiative to dismisse the case comes from the plaintiff.

On the other hand, when a case is involuntarily dismissed, it means that the dismissal was made by a court or judge against the wishes of the plaintiff.

For example, a case may be dismissed by a judge as it considered that there’s absolutely no merit for the matter to move forward.

As a result, a motion to dismiss is granted and the case is involuntary dismissed.

With Prejudice

So, what does with prejudice mean?

According to the Legal Information Institute, with prejudice means:

When a court dismisses an action, they can either do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court.
Author

“With prejudice” means that the plaintiff’s case is definitively over as if it is decided on its merits.

When a court case is dismissed for whatever reason on a with prejudice basis, it’s considered as if it has to be adjudicated on its merits barring the plaintiff from refiling or litigating the same issue in the future.

When Is A Case Dismissed With Prejudice In Court

A case will be dismissed with prejudice in court when the judge believes that there’s a legal issue or deficiency that cannot be cured.

In practice, when a judge intends to dismiss a case with prejudice, it will generally offer the plaintiff the chance to cure the legal issue or deficiency noted by the other party of the judge.

If the plaintiff is able to resolve the deficiency, the case continues to trial on merits.

However, if there’s a legal issue that the judge considers the plaintiff will not be able to cure, it may dismiss the case with prejudice to put an end to the case.

The judge considers that there’s no point in allowing the plaintiff to refile the same lawsuit on the same grounds as it will again be faced with the same deficiency that it will not be able to cure.

For example, a court may dismiss a claim with prejudice when the plaintiff fails to state a claim and so the court does not have a relief to provide.

Dismissals Under Federal Rule of Civil Procedure

Further to the Federal Rule of Civil Procedure, a voluntary dismissal by a party is considered to be a dismissal without prejudice unless it is stated otherwise.

On the other hand, if a plaintiff voluntarily dismisses an action that he or she had brought for a second time, then the voluntary dismissal will be considered as being made with prejudice.

All actions that are dismissed in an “involuntary” fashion are considered as dismissed with prejudice where the plaintiff will no longer be able to relitigate the matter.

However, if the involuntary dismissal relates to the court’s lack of jurisdiction, improper venue, or the failure to join a party under FRCP 19, then the involuntary dismissal will be considered without prejudice.

Dismissed With Prejudice vs Dismissed Without Prejudice

What is the difference between a case being dismissed with prejudice or without prejudice?

When a case is dismissed “with prejudice”, it means that the court has dismissed the case permanently.

In other words, the plaintiff’s action that was dismissed can no longer be litigated in the future.

When a case is permanently dismissed, the cause of action is forever dealt with and can never be brought back before the court.

Now, a case that is dismissed “without prejudice” is a case that is not permanently dismissed.

The plaintiff whose case was dismissed without prejudice retains the right to refile the same action in the future.

A case dismissed without prejudice will not toll the statute of limitations.

In other words, if the plaintiff intends to refile the action, it must do so before it is time-barred under the applicable statute of limitations laws.

What Does Dismissal With Prejudice Mean Takeaways 

So, what does dismiss with prejudice mean in simple terms?

What does it mean to dismiss a case with prejudice in court?

There are essentially two ways that a case can be dismissed in court, “with prejudice” or “without prejudice”.

Although the phrase “with prejudice” sounds like the court has dismissed the case with a negative bias or discrimination, it’s actually a legal term referring to the consequences of the dismissal.

In law, when a case is dismissed with prejudice, it means that the plainiff loses the right to refile the same case in the future before the court.

The notion of “prejudice” refers to the plaintiffs loss of right or privilege of filing a lawsuit based on the same grounds.

A case dismissed with prejudice is a case that is permanently over and can never be brought back to court.

On the other hand, a case dismissed on a “without prejudice” basis is one where the case is dismissed but without affecting the plaintiff’s right to refile the lawsuit on the same grounds.

In essence, the case is temporarily dismissed allowing the plaintiff to re-file the charges.

I hope I was able to answer your question related to what does case dismissed with prejudice mean, how is it different than a case dismissed without prejudice, and what it entails.

Good luck!

Let’s look at a summary of our findings.

What Does Dismissed With Prejudice Mean Overview

  • In court, when a case is dismissed with prejudice, it means that the plaintiff’s ability to pursue the defendant on the same grounds in the future is permanently lost
  • A dismissal with prejudice is equivalent to a final ruling on the plaintiff’s case 
  • A case may be dismissed with prejudice further to the filing of a motion to dismiss by the defendant or due to a particular legal ground raised by the judge
  • A case dismissed without prejudice is like a temporary dismissal where the plaintiff maintains the right to refile the same lawsuit, on the same grounds, against the same defendant
What does dismissed without prejudice mean
What is a court docket 
What is a small claims court
What is cause of action
What is civil procedure
What is criminal procedure
What is improper venue
What is involuntary dismissal
What is lack of jurisdiction
What is motion to dismiss
What is personal jurisdiction 
What is res judicata
What is subject matter jurisdiction
What is voluntary dismissal
Author
Admission on Motion
Defenses and objections 
Document production
Federal Rules of Civil Procedure
FRCP 19
FRCP 26
FRCP 41
FRCP 61
Rule 26
What is a summons
What is e-Discovery 
What is Interpleader
What is removal procedure
Author

Editorial Staffhttps://lawyer.zone
Hello Nation! I'm a lawyer and passionate about law. I've practiced law in a boutique law firm, worked in a multi-national organization and as in-house counsel. I've been around the block! On this blog, I provide you with golden nuggets of information about lawyers, attorneys, the law and legal theories. Enjoy!

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