Dismissal Court Form Without Prejudice Refile
Description
How to fill out Arizona Motion For Dismissal?
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FAQ
Whereas a case that is dismissed ?with prejudice? is dismissed permanently, a case that is dismissed ?without prejudice? is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.
It depends. If prosecutors dismissed the case ?without prejudice,? they can refile charges any time before the statute of limitations has expired ? that is, they can reopen it if they are able to overcome whatever caused the dismissal in the first place.
?With prejudice? means that you cannot re-file your case ever. ?Without prejudice? means that you can re-file your case at a later date (as long as you are still within the statute of limitations).
An order dismissing a complaint without prejudice is an appealable final order when no amendment could save the plaintiff's action. Always, always ask for leave to amend after a dismissal without prejudice.
What does a dismissal without prejudice do to the statute of limitations? Nothing. A dismissal without prejudice does not delay, or toll, the statute of limitations. The charge or lawsuit that gets dismissed without prejudice is treated as if it were never filed.