A case will be dismissed with prejudice if there is reason for the case not to be brought back to court; for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court. Although a case that has been dismissed with prejudice cannot be reopened, it is possible to appeal the dismissal to a higher judge or to file different charges under a new case.
This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court. A dismissal without prejudice does not overturn the statute of limitations. Certain elements of a case may be affected if the prosecution does not re-file charges in time; for example, the defendant may be released. A case may be dismissed without prejudice for a number of reasons. A prosecutor may choose to dismiss a case without prejudice in order to have time to address a weakness or issue with their case.
Another reason a prosecutor may choose to dismiss a case might be to file a new one that is more or less serious than the original; for example, to dismiss an assault case and file a case of less serious assault.
A judge can dismiss a case for a number of reasons and in a few different ways. The plaintiff also loses the right to bring the case back to court for additional consideration.
A dismissal with prejudice ends a case permanently. In a criminal case, this kind of dismissal prevents the prosecutor from refiling the same charges against a defendant using the same evidence. A dismissal with prejudice goes beyond simply stopping a case from moving forward. In this case, the judge has seen a reason to prevent the matter from returning to court.
If the parties reach a settlement outside of court, the court will issue a dismissal with prejudice to prevent the parties from asking the court to hear their cases later. A judge can also decide that his or her particular court lacks the authority to listen to the matter that the plaintiff or prosecutor has filed.
Likewise, a judge can decide that the plaintiff or prosecutor does not have the right to bring a particular matter to a judge. In these situations, a case will likely be dismissed as without prejudice, which means that charges can be reasserted in the future. Dismissals with prejudice are hardly ever voluntarily made by the prosecution. Sometimes, a criminal case might arise that contains a defect like a lack of a warrant or failure to provide a speedy trial or a violation of another Constitutional right, which can lead to a case being dismissed with prejudice.
Other times, there might be problems involved with variances that result in a dismissal with prejudice. In making a decision to dismiss a case with prejudice, a court decides that the details surrounding a case are enough to conclude that the case will not have any future standing in a court of law.
As a result, to be dismissed with prejudice, a court must determine that a case will always have a fatal flaw and that nothing can be done to remedy the matter. The result of a dismissal with prejudice is that a case will be closed. This is because the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution prohibits any person from being subject to the same offense twice.
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