Full question:
What does it mean to dismiss a case with prejudice?
- Category: Courts
- Subcategory: Dismissal
- Date:
- State: Michigan
Answer:
The term 'without prejudice' means a case is temporarily ended without affecting any legal rights or privileges. For instance, if a lawsuit is filed in small claims court but the claim exceeds the court's jurisdiction, it may be dismissed 'without prejudice.' This allows the party to file the case again in a court with proper jurisdiction.
In contrast, 'with prejudice' indicates that a party's legal rights have been determined and lost. For example, if the court has jurisdiction but the plaintiff fails to appear for trial, the case is dismissed 'with prejudice.' This type of dismissal is a judgment against the plaintiff 'on the merits' and extinguishes the claim. However, the plaintiff may still appeal the decision to a higher court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.