What is a dismissal with prejudice?

A dismissal with prejudice is a court order that prevents a case from being brought back to court, even if new evidence or legal arguments are presented. This sort of dismissal is typically used when a case has been heard and the court has reached a decision or when a plaintiff or defendant voluntarily decides to drop the case. In West Virginia, the dismissal can be requested by either the plaintiff or defendant. When a case is dismissed with prejudice, this means that the court has ruled in favor of the side that requested the dismissal. The ruling is legally binding, meaning that the opposing side cannot bring the case to court for a second hearing. It also means that the opposing side is not allowed to file a similar case in the future. The dismissal with prejudice is a final ruling and cannot be appealed. The purpose of a dismissal with prejudice is to prevent a plaintiff or defendant from bringing up the same claim over and over and receiving multiple judgments for the same issue. It is intended to protect the court from having to hear the same claims multiple times and helps to avoid any further strain on the court system.

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