What is a dismissal with prejudice?

A dismissal with prejudice is a ruling in court involving a civil lawsuit. It is an order from the court that a particular case cannot be brought to trial again. This ruling is different from a dismissal without prejudice in which the case can be brought to the court again. In Delaware, a dismissal with prejudice means that a plaintiff cannot refile the same legal claim against the same defendant for the same matter. As stated in the Delaware Supreme Court case of Does v. Furey, “If a case is dismissed with prejudice, the parties may not bring the claim or raise the same issues again in a later lawsuit.” Furthermore, a dismissal with prejudice is a final judgment, which means a lawsuit will be deemed over without further litigation. The defendant will be granted a victory, since the plaintiff will be barred from bringing up the case in the future. It is important to note that a dismissal with prejudice can only be granted by the court. Unless the court has issued this ruling, the plaintiff may still pursue the case in the future. However, the court will typically rule in favor of dismissal with prejudice when it is satisfied that the plaintiff has had an opportunity to prove their case in court.

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