What is a dismissal with prejudice?
A dismissal with prejudice is a legal concept in Washington that occurs when a lawsuit is dismissed permanently. This means that the plaintiff who initiated the lawsuit is not able to re-file the case against the defendant for the same cause of action. In other words, the plaintiff is barred from bringing the case to court again for the same argument. A dismissal with prejudice is the opposite of a dismissal without prejudice, which allows the plaintiff to re-file the case if they choose to do so. Generally, a dismissal with prejudice occurs when the parties in the lawsuit come to an agreement, or when the court decides that the plaintiff has not presented enough evidence or failed to act within the statute of limitations. The court may also grant a dismissal with prejudice if the parties have already tried the case and the court is ready to issue a final judgment or if the plaintiff has merely abandoned the case. When a dismissal with prejudice is given, it marks the end of the case and cannot be reversed or appealed. A dismissal with prejudice is a final judgment that cannot be undone. As such, it is usually considered the best option for both parties in the lawsuit since the defendant will be free from any future litigation from the plaintiff, and the plaintiff will receive a final resolution to their case.
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