adjective

dismissed with prejudice

dis-MIST with PREJ-uh-dis

Dismissed with prejudice (adjective) means of a legal case: thrown out permanently, so that the same claim cannot be brought again by the same party. A dismissal with prejudice is a final judgment on the merits and normally can only be challenged on appeal. Example: “The judge sanctioned the plaintiff's conduct and the suit was dismissed with prejudice.”

adjective

Of a legal case: thrown out permanently, so that the same claim cannot be brought again by the same party. A dismissal with prejudice is a final judgment on the merits and normally can only be challenged on appeal.

"The judge sanctioned the plaintiff's conduct and the suit was dismissed with prejudice."

"Because the charges were dismissed with prejudice, the prosecutor cannot refile them."

How to use dismissed with prejudice

Learner’s notes

In plain EnglishThe case is over for good and cannot be brought again.

When to use it

Legal term of art, chiefly American. Prejudice here does not mean bias.

Easily confused with

without prejudice acquittal → nolle prosequi

Common pairings

dismissed with prejudice dismissal with prejudice voluntary dismissal

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The judge sanctioned the plaintiff's conduct and the suit was _____.

Etymology

Legal English, in which prejudice keeps its older sense of harm or detriment to a party's rights, from Latin praejudicium 'prior judgment, damage'.

Origin: Latin

Antonyms

dismissed without prejudice

Rhymes for dismissed with prejudice

ice rice mice dice nice vice trice voice price twice juice spice

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Frequently asked questions

What is the difference between dismissed with prejudice and without prejudice?

With prejudice ends the claim for good: the same case cannot be filed again. Without prejudice ends this particular filing only, and the party is free to correct the problem and sue again, subject to the limitation period.

Does dismissed with prejudice mean I won?

For the defendant, effectively yes. The claim against you is finished and cannot return, and the dismissal is treated as a decision on the merits for purposes such as res judicata, though it may still be appealed.

Why would a judge dismiss a case with prejudice?

Common reasons include a settlement the parties agreed to make final, repeated failure to prosecute or comply with court orders, serious misconduct such as fabricated evidence, or a defect in the claim that no amendment could cure.

What is the meaning of dismissed with prejudice?

"dismissed with prejudice" (adjective) means of a legal case: thrown out permanently, so that the same claim cannot be brought again by the same party. A dismissal with prejudice is a final judgment on the merits and normally can only be challenged on appeal.