What is a dismissal without prejudice?

Answer 1

Since it is voluntary, it would seem to indicate that the prosecutor requested that the court dismiss the charge, subject to its being re-institued at some later time, rather than by the prosecutor simply Nolle Prossing it.

It is an order issued by a judge dismissing the charges that were brought in the case - usually for some legal insufficiency, or lack of evidence, of the case itself.

There are two types of dismissal:

Dismissal WITH Prejudice, and Dismissal WITHOUT Prejudice.

WITHOUT Prejudice means that the charges MAY be re-instituted and brought before court again.

In addition: In civil cases a party may take or request and get a voluntary dismissal of a claim (whether a plaintiff's complaint or a defendant's counterclaim, etc) if, for example, that party is not capable of proceeding with his/her case at that particular time. The claim may be reinstated or refiled at a later date, provided the statute of limitations governing that claim has not expired.

Answer 2

A dismissal without prejudice is the dismissal of a lawsuit but allowing the lawsuit to be refiled or reinstated at a later date. This type of a dismissal is one where there has been no ruling on the merits of the case. The dismissal is based on the party not doing something he or she is supposed to do during the course of the litigation, like providing discovery on time. The dismissal without prejudice is used as a sanction by the court to force litigants to act in accordance with the procedural rules of court.

Answer 3

this means that without prejudice means can be brought up later