For example, if a person beats another person very severely, the prosecutor may file assault charges against the aggressor. Likewise, a prosecutor may decide to charge a person differently (with either more or less serious accusations) based on a change in circumstances. ![]() Dismissal Without Prejudiceĭismissal without prejudice means that the judge dismissed the plaintiff’s or prosecutor’s case without damaging their right to have their matter heard in court later.Ī prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses. Likewise, a judge can decide that the plaintiff or prosecutor does not have the right to bring a particular matter to a judge.ĭismissal with prejudice does not prevent the prosecutor or plaintiff from appealing the dismissal to a higher court, opening a new case against a person by filing different charges or taking the matter to a different court. A judge can also decide that his or her particular court lacks the authority to listen to the matter that the plaintiff or prosecutor has filed. In a criminal court, a judge can dismiss a case with prejudice, for example, when false accusations and lingering suspicions may do harm to the defendant’s reputation or position in the community. If the parties reach a settlement outside of court, the court will issue a dismissal with prejudice to prevent the parties from asking the court to hear their cases later. ![]() In civil court, a judge will want to prevent a ridiculous or “frivolous” lawsuit from returning for consideration. In this case, the judge has seen a reason to prevent the matter from returning to court. A dismissal with prejudice goes beyond simply stopping a case from moving forward. In a criminal case, this kind of dismissal prevents the prosecutor from refiling the same charges against a defendant using the same evidence. The plaintiff also loses the right to bring the case back to court for additional consideration.Ī dismissal with prejudice ends a case permanently. When a judge dismisses a case “with prejudice” the plaintiff’s case is legally damaged, and the plaintiff loses the right to continue seeking relief. Legally speaking, “prejudice” refers to damage to a plaintiff’s legal claim. In legal terms the word “prejudice” has a different (but related) meaning. ![]() We often use the word “prejudice” to refer to a hostile or biased position.
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