Legal Question in Civil Litigation in Michigan
Legal Question
What does it mean to dismiss a case with or without prejudice....what is the difference between the two
3 Answers from Attorneys
Re: Legal Question
When a case is dismissed without prejudice, it means that it can be restarted. Without prejudice, it means it is over no matter what. William S. Stern
Re: Legal Question
A defendant wants his or her case dismissed WITH prejudice. This prevents the Plaintiff from refiling the case at a later date.
Re: Legal Question
"With prejudice" means it can still be appealed (rare), but cannot be brought again in the court.
"Without prejudice" means it can be brought again in the court. This is the case when a prosecutor has hit a technical snag (e.g. no witness) at the trial date, and the defendant moves for dismissal. Many of these cases are never brought again.
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