Legal Definitions - with prejudice

Definition: When a court dismisses a legal case, they can do so “with prejudice” or “without prejudice.” Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court. This is because the court has made a final decision on the legal and factual issues of the claim, and the plaintiff cannot bring the same claim again. This rule is called the doctrine of res judicata.

For example, if a person sues their neighbor for property damage and the court dismisses the case with prejudice, the person cannot sue their neighbor for the same property damage again in that court.

Dismissal with prejudice usually happens when the plaintiff has already had a chance to present their case and the court has made a decision. However, if the plaintiff voluntarily dismisses their case, it is usually dismissed without prejudice, which means they can refile the case later.

It is important to note that there are exceptions to the rule of dismissal with prejudice. For example, if the court dismisses the case because it does not have jurisdiction or because the plaintiff did not follow proper procedures, the dismissal may be without prejudice.