Dismiss with prejudice vs dismiss without prejudice?

Asked over 1 year ago - Mountain View, CA

What is the different between dismiss with prejudice vs dismiss without prejudice in small claim court ?

Attorney answers (6)

  1. Rixon Charles Rafter III

    Contributor Level 20

    17

    Lawyers agree

    Answered . dismiss with prejudice-the claimant has NO privilege to refile the case. Its done.

    dismiss without prejudice--the case has been set aside, but the plaintiff MAY open another suit on the same claim (a do over).

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  2. Bradley D. Harville

    Contributor Level 13

    14

    Lawyers agree

    Answered . One additional consideration which is very important: a dismissal without prejudice can operate in the same fashion as a dismissal with prejudice -- i.e., it can bar any subsequent lawsuit -- if the statute of limitations has run in which to refile the same cause of action.

  3. Frank Wei-Hong Chen

    Contributor Level 20

    11

    Lawyers agree

    Answered . A lawsuit in California can either be dismissed either “with prejudice" or “without prejudice”.

    When a request for dismissal with prejudice is filed, the term “with prejudice” means the plaintiff’s right of action is terminated and may not be revived. (Roybal v. University Ford (1989) 207 Cal.App.3d 1080, 1086-1087; Torrey Pines Bank v. Superior Court (1989) 216 Cal.App.3d 813, 820-821.) It determines the issues in the case and precludes the dismissing party from litigating those matters a second time.

    If the case is dismissed without prejudice, so long as the same claims are not barred by the statute of limitations, the plaintiff can refile the same case again.

    Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is... more
  4. Brandy Ann Peeples

    Pro

    Contributor Level 19

    10

    Lawyers agree

    Answered . Dismiss with Prejudice = the case can never be refiled.

    Dismiss without Prejudice = the case can be brought again.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  5. Martin Arthur Kahan

    Contributor Level 2

    3

    Lawyers agree

    Answered . Dismiss with prejudice means that the matter can be litigated again. Without prejudice means that the court can address the issue in the future.

  6. Victoria L Clemans

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . This is a very good question. I even believe that some lawyers don't know what it means! Dismissing without prejudice means the case can be refiled. Dismissing with prejudice means it cannot be re-filed, ever. If you are the plaintiff, obtaining a dismissal without prejudice is a good result because it means you get another bite at the apple. LAW OFFICES OF VICTORIA CLEMANS, OWNER. (310) 803-9111

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