2006-11-14 08:31:10 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
That means the moving party is asking the judge to dismiss a case while leaving the door open to allow it to be re-filed in the future.
A dismissal WITH prejudice is a dismissal without permission to refile.
2006-11-14 08:35:00 · answer #1 · answered by rustyshackleford001 5 · 0⤊ 0⤋
A motion to dismiss without prejudice is a request to the presiding judge in a civil case to end consideration of the cause (the plaintiffs reason, or one of the plaintiff's reasons for filing suit) but retaining the right of the plaintiff to bring the cause back to court later. With prejudice would mean that the cause cannot be brought back to trial.
2006-11-14 16:35:59 · answer #2 · answered by RTO Trainer 6 · 0⤊ 0⤋
Motion to dismiss means the plaintiff wants to drop the case, but "without prejudice" means they can re-file, and probably that they intend to do so.
Plaintiffs occassionally do this if they realize they made a procedural error, such as defective service, failure to name a necessary party, failure to plead a cause of action they want to sue for, lots of things.
2006-11-14 16:36:00 · answer #3 · answered by open4one 7 · 0⤊ 0⤋
"With prejudice" means that you cannot bring the same question or issue to the court again... it has been "pre-judged". So, "without prejudice" means that it can be litigated again, typically because jeopardy has not yet attached (the courts want to avoid "double jeopardy"), or because a minor technicality has caused the current trial to be dismissed.
2006-11-14 16:36:02 · answer #4 · answered by Alan B 2 · 0⤊ 0⤋
That means if you can find new evidence or more compelling evidence, you can refile the motion
2006-11-14 16:33:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Basically that you are not going to hold someone liable, that all parties are "writing it off". Just signed one.
2006-11-14 16:34:04 · answer #6 · answered by Anonymous · 0⤊ 0⤋