Dismissed Without Prejudice Law & Legal Definition


When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim within the period of limitation it is dismissal without prejudice.

It is a dismissal that does not bar plaintiff from bringing a new law suit on the same claim. When a case is dismissed without prejudice plaintiff is allowed to bring a new suit on the same cause of action. Dismissal without prejudice will be based upon procedural errors. It treats as if the lawsuit had never been commenced. Such dismissal does not relieve plaintiff, the duty of complying with the time limit within which his/her action must be commenced. A dismissal without prejudice is granted in response to a notice of dismissal, stipulations, or a court order.