Sample Settlement Letter Without Prejudice In California
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FAQ
So if a case is dismissed without prejudice, the plaintiff may have a limited amount of time in which to re-file the complaint. Once the two-year deadline expires, so does the plaintiff's chance of re-filing the complaint. So clearly, time is of the essence when a case is dismissed without prejudice.
The purpose and intended effect of the words “without prejudice” is to prohibit a party from using the doctrine of res judicata (from the Latin, “a thing decided”) in any later actions on the subject matter.
The Parties promise and agree that, unless compelled by legal process, they will not disclose to others and will keep confidential both the fact of and the terms of this settlement, including the Separation Benefit referred to in this Agreement, except that they may disclose this information to attorneys, accountants ...
“Without Prejudice” means that you are sending a communication in an honest attempt to compromise a matter, in which you might make a concession (either expressly or implicitly) to the other side that cannot be later put into evidence in Court.
The WP rule is to encourage settlement discussions without parties weakening their position in the formal dispute. Basically, if this rule applies, people can speak and write openly without fear that what they are saying may be used against them in court or arbitration.
Dismissal without prejudice means that the judge dismissed the plaintiff's or prosecutor's case without damaging their right to have their matter heard in court later. A prosecutor may ask to withdraw the case against a person to have more time to make a case stronger, find more evidence or question other witnesses.
A settlement agreement, also called a release, is a binding contract that settles a lawsuit or potential lawsuit between two or more parties and stipulates that no lawsuit can be filed in the future. The courts encourage parties to resolve their dispute through a settlement agreement rather than through the courts.
The 'without prejudice' privilege means parties to a dispute can make concessions and promises without fear that their words will be used later in court.
If the court specifies that the dismissal of an action commenced within the time prescribed therefor, or any claim therein, is without prejudice, it may also specify in its order that a new action based on the same claim may be commenced within one year or less after such dismissal.
