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LSDefine
Simple English definitions for legal terms
dismissal without prejudice
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A quick definition of dismissal without prejudice:
Dismissal without prejudice is when a court dismisses a claim but allows the plaintiff to bring the same claim again in the future. This means that the plaintiff is not prevented from refiling the claim in the same court. It is different from dismissal with prejudice, which means the claim cannot be brought again. A court may dismiss without prejudice for various reasons, such as if the plaintiff would suffer hardship from continuing the suit or if a party acted in bad faith.
A more thorough explanation:
Definition: Dismissal without prejudice is a legal term used when a court dismisses a claim but allows the plaintiff to bring a new lawsuit based on the same grounds as the dismissed claim. This means that the plaintiff is not barred from filing a new lawsuit in the same court.
For example, if a plaintiff files a lawsuit against a defendant but the court dismisses the case without prejudice, the plaintiff can file a new lawsuit against the same defendant based on the same claims.
Dismissal without prejudice is different from dismissal with prejudice, which means that the plaintiff is barred from filing a new lawsuit based on the same claims.
There are different reasons why a court may dismiss a case without prejudice. For instance, a court may allow a plaintiff to voluntarily withdraw from the case if continuing the lawsuit would cause hardship. Alternatively, a court may dismiss a case without prejudice as a sanction against a party acting in bad faith.
Overall, dismissal without prejudice gives the plaintiff another chance to pursue their claims in court, while dismissal with prejudice ends the case permanently.