Legal Definitions - dismissal without prejudice

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.