answersLogoWhite
Ask
Civil Process
Definitions
Pride and Prejudice

What does Dimissal with prejudice mean?

353637
Answer

Top Answer
User Avatar
Wiki User
2008-01-17 21:20:32
2008-01-17 21:20:32

A "dismissal with prejudice" means you cannot bring an action again if it is based on the same set of facts. ("Bring an action" is the technical term for "sue".) The "with prejudice" phrase means that your action is dismissed--thrown out--gone, and you may not refile it. This contrasts with a "dismissal without prejudice," where, though your action has been dismissed, you may bring another action based on the same set of facts. Usually, dismissals without prejudice occur when there is some technical problem with the action, but which the court still believes has merit.

Examples of technical problems which might lead to a dismissal with prejudice include:

  1. Your failure to allege, in writing, certain facts without which the claim cannot go forward;
  2. Your failure to properly "serve" the defendant with process; in other words, you have not had a neutral party hand the proper documents to the defendant in the proper way;
  3. You have not filed your case in the correct court.

A "dismissal with prejudice" does not necessarily mean that your action is or was without merit. For example, if you have filed your action past the statute of limitations (usually three (3) years), no matter how much you deserve relief, the court will refuse to hear your case. This is to prevent you and other plaintiffs from "resting on your rights"; courts want actions brought right away so the witnesses' memories are fresh and also to fulfill the Fifth Amendment's requirement that trials be "speedy."

91011
0

Related Questions

User Avatar

pervasive = existing or spreading everywhere pervasive prejudice = prejudice that is common, prejudice that is everywhere

User Avatar

When someone says that prejudice prevails they mean that prejudice has won. This means that justice was not found for example.

User Avatar

When a case is dismissed with prejudice, it cannot be filed again ever.

User Avatar

Prejudice is without any loss or waiver of rights or priveliges.

User Avatar

suspicion of partiality


Copyright © 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.