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Liability for costs, Rule 38.6. Discontinuance and subsequent proceedings, Rule 38.7.Superior Court, Law Division, Civil Part. The legal term is "involuntary dismissal. " A judge can dismiss a case without prejudice over the objections of the plaintiff. Failure to make proof of service does not affect the validity of the service. Dismissal without prejudice. This temporary dismissal means that the plaintiff is allowed to re-file charges, alter the claim, or bring the case to another court.