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Answered 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:
- Your failure to allege, in writing, certain facts without which the claim cannot go forward;
- 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;
- 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."
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Related Questions
What does pervasive prejudice mean?
pervasive = existing or spreading everywhere pervasive prejudice = prejudice that is common, prejudice that is everywhere
What does predajice prevalent mean?
When someone says that prejudice prevails they mean that prejudice has won. This means that justice was not found for example.
What does it mean if a lawsuit dismissal is with prejudice?
When a case is dismissed with prejudice, it cannot be filed again ever.
What does the term without prejudice mean in court?
Prejudice is without any loss or waiver of rights or priveliges.
What do prejudice mean in courts?
suspicion of partiality
A court dismissal means what?
It can mean many things. The prosecutor can dismiss a case for lack of evidence to proceed or as part of a plea bargain. A judge may dismiss on a defense motion. The result of the dimissal varies as well. It can be with prejudice in which case the charges cannot be brought back, or without prejudice in which case it may be revived at a later date. In a criminal setting it may be dismissed based upon speedy trial grounds or in a civil setting it may be based upon a statute of limitations. For some implications in a criminal setting see the related links below.
What does it mean when you judge a person by their looks?
Then you are being prejudice.
What does the word bias most nearly mean?
Prejudice
What other words mean prejudice?
antipathy, intolerance
Why do people think prejudice is wrong?
Because prejudice is wrong. People shouldn't be judged by their color or race. Just 'cause someone looks different doesn't mean their not to be treated equally.for more about prejudice google why prejudice is wrong
Why are Mexicans so mean?
Because of xenophobia, prejudice or sheer ignorance. However, that generalization is just another example of prejudice.
What does dismissed without prejudice mean when you are in foreclosure?
dimiss the foreclosure action without prejudice and release the lis pendens! what does this means please!
What does unassailed mean from Pride and Prejudice?
unasailed means "not attacked"
What does Dismissed With Prejudice Pursuant to Civil Rule 41a mean?
A "Dismissal WITH Prejudice" means that that particular charge cannot be brought against you again.
What does 'dismissed without prejudice' mean when you are in bankruptcy?
Dismissed without prejudice means the creditor cannot further pursue the debt.
What does the quote prejudice obscures the truth mean?
prejudice is where someone assumes something about someone and it may not be true. Therefore, "Prejudice obscures the truth," means that thinking someone always fits a stereotype is probably not true.
What does Maycomb's usual disease mean when atticus refers to it?
being prejudice
Are bias and prejudice similar in meaning?
Yes. They can mean the same thing.
Does prejudice and open-minded mean the same thing?
No, they are opposites.
What does denied with prejudice mean?
It means that whatever was asked of the court was denied, and, by adding the phrase "with prejudice" the judge declares that they will not even entertain another request.
What does case dismissed with disposition of request for dismissal mean with prejudice?
If a court case is dismissed with prejudice you cannot be charged with that exact same case again.
What does it mean when a court motion is denied without prejudice?
It can be brought and reargued again.
Does dismissal with prejudice in a domestic violence case mean you can own firearms again?
No
What does it mean when a court case is dismissed but shows up on a background check?
It should be known HOW the case was dismissed. WITHprejudice or WITHOUT prejudice.Also, having a case dismissed does not mean that the record of your arrestdisappears and ceases to exist.
Is without prejudice a considered pending charge?
Not necessarily. "Without Prejudice" means that it is possible to re-introduce the same charge in a slightly altered form. "WITH prejudice" would mean that it was done away with entirely and could not be brought up again.
