What Is the Meaning of "Dismissed With Prejudice"?
When a legal case is "dismissed with prejudice" in the United States, it means that the same case cannot be refiled again in the future. The same charges and claims are barred from being brought to any future action against the defendant.
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Distinction
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A "dismissal without prejudice" is the more common ruling within the U.S. justice system. This guarantees the plaintiffs the right to refile charges in the future, when justified by new evidence or information.
Causes
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In order for a court of law to dismiss a civil or criminal case with prejudice, the action against the defendant must have violated one of several rights. Examples include if a case has been brought in bad faith, is shown to be vexatious, if it was not prosecuted within a reasonable amount of time, or the plaintiff has failed to honor any orders of compliance given by the court.
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Justification
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The legal justification for dismissal without prejudice comes from a Superior Court Rule 8.3b, acknowledged in most states, but often interpreted differently. Many cases are granted a dismissal with prejudice based on the constitutional guarantee of a speedy trial to all American citizens.
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References
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