What Is a Dismissal With Prejudice?
In civil litigation, dismissal with prejudice can take a couple of different forms. Once a case has been brought to court and a judgment has been made, the matter is concluded, or dismissed. The term "with prejudice" indicates the court cannot be asked to rule on the same issues again.
This is a similar legal doctrine to double jeopardy in a criminal case. In the United States, Canada, the United Kingdom and some other jurisdictions, a person cannot be tried for the same crime twice. Once the individual has been found not guilty, the matter effectively forms a dismissal with prejudice.
The other form that a dismissal with prejudice can take is when a civil case is dismissed by a judge on those terms. The judge effectively stops the plaintiff, who is the person claiming they suffered a loss or injury, from starting another lawsuit based on the same incident, or cause of action. The parties to the legal action may agree to a voluntary dismissal with prejudice if they settled the matter before it got in front of a judge.
A dismissal without prejudice is a different matter. Like a dismissal with prejudice, the legal action is finished. When this type of dismissal occurs, the plaintiff in the matter can bring a lawsuit before the court based on the same cause of action later if he or she chooses to do so.
It is to the plaintiff's advantage to agree to a dismissal without prejudice if the defendant agrees to settle the matter before it goes to court. If the defendant does not comply with the terms of the settlement by not paying money or performing duties as agreed to in a contract, the plaintiff has the option of suing the defendant again over the original issue. If the parties had agreed to a dismissal with prejudice, then the plaintiff is legally barred from bringing the original issue before the court later.
The question of whether to agree to a dismissal with prejudice or one without prejudice is something that each party to a lawsuit needs to consider carefully. Getting expert legal advice from an attorney will help to make the options clearer. If the lawsuit goes to court and a judgment is handed down, the matter is considered a dismissal with prejudice. When it is settled out of court, the plaintiff is better protected if the action is dismissed without prejudice.
Written by Jodee Redmond
