Skip to main content

Can we ask the Court to change from dismiss without prejudice to with prejudice?

San Jose, CA |

Dear Sir or Madam,
I was sued by collection agency, before the case went to trial, CA filed the motion to dismiss without prejudice. I did not file counter claim against the CA. Could I still show up at the trial date and ask Judge to dismiss with prejudice after showing all the evidences? This case was limited.
Thank you,

+ Read More

Attorney answers 3

Best Answer

The dismissal was likely without prejudice because it was requested voluntarily by the plaintiff. If the motion has been granted there is no trial to "show up" for, and no opportunity to present any evidence. Unless both parties agree to a dismissal with prejudice (meaning it can't be refilled) which is sometimes part of a settlement process, it would be rare for the dismissal to be with prejudice. In the event that the plaintiff moved to dismiss because you have convincing evidence in your favor, it is doubtful the case will be refilled.

Best wishes for a favorable outcome, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.



Dear Ms. Sinclair, Thank you for your explanation. It is very helpful. I guess I need to wait for the plaintiff to file new case; if they do, to show the evidence then. I hope to resolve this matter quick, but have to wait again. Thank you, Confused


Plaintiff had the absolute right to dismiss the case without prejudice prior to trial. This gives them the right to refile the lawsuit again at a later date as long as the statute of limitations has not expired.


I agree with attorney Paula Brown Sinclair. The plaintiff has a right to dismiss without prejudice. To dismiss with prejudice, it is their case, and if they want to end the case, they can do so; period. You are not a participant in that decision unless you are a part of a negotiated settlement. In other words, the answer is a straight out NO.

This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer