What is a dismissal with prejudice?

A dismissal with prejudice is a type of ruling that is made in court proceedings in North Carolina and other states. This type of ruling means that the parties involved in the court case are prohibited from bringing up the same cause of action in court in the future. This is distinct from a dismissal without prejudice, which can still allow a party to re-file the same case in the future. When a dismissal with prejudice occurs, the court is confirming that the plaintiff is not entitled to pursue their claim in the court and the defendant should not face the same claims again. Dismissals with prejudice are usually made at the end of a trial, when the court has considered the evidence presented by the parties. The court might make a dismissal with prejudice ruling for a variety of reasons, such as a lack of jurisdiction or a finding that the plaintiff’s claims are frivolous or time-barred. It could also be due to an agreement between the parties that the case will be dismissed and it cannot be re-filed. A dismissal with prejudice does not prevent either party from bringing up related issues in the future, however. If there is a related issue that has not been resolved, the dismissive ruling only prevents further action on the same cause of action. In addition, a party can still appeal the decision of the court.

Related FAQs

How do I serve a summons?
What is a motion for summary judgment?
What is a legal notice?
What is the difference between a restraining order and an injunction?
What is the difference between civil and criminal contempt?
What is a writ of mandamus?
What is a subpoena?
What is a continuance?
What is a court?
How do I file a lawsuit?

What is a dismissal with prejudice?

Related FAQs

Related Blog Posts