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Dismissing motion without prejudice in civil matters?

Glendale, CA |

What does it mean when a Judge dismisses a motion without prejudice in a civil matter? Does that mean you can file an amended motion?

I meant when a Judge denies a motion without prejudice.

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Attorney answers 3

Posted

Yes, it means you can refine the motion (but make sure to address or fix the reason it was denied the first time you filed it).

Posted

A motion is a request to the court to do (or not do) something. Dismiss means to throw out. With prejudice means it can not be brought again. If dismissed without prejudice, it can be brought again at a later time. A motion to dismiss with prejudice is a request to the court to throw out the issue and never let it be brought again.

The answer provided is not legal advice. It is for informational purposes only. It does not constitute an attorney-client relationship. You should not rely on the answer before consulting with an attorney during an official legal consultation.

Posted

It means that the judge is not giving the relief requested in the motion but is allowing the moving party to re-file the same motion (perhaps with different, better facts) at a later point in time. It does not mean an amended motion, it means a new motion.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

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