Maryland Motion To Dismiss Without Prejudice Meaning
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How to fill out Motion To Dismiss Foreclosure Action And Notice Of Motion?
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FAQ
?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).
A court may allow a plaintiff to voluntarily withdraw from the suit through a Rule 41(a) dismissal without prejudice if the plaintiff would suffer hardship from continuing the suit. Also, under Rule 37(b)(2), a court may dismiss without prejudice to sanction a party acting in bad faith.
State, 41 Md. App. 381, 386 (1979); this means that (as a matter of law) you can't be sued again for the same thing. In plain language, a dismissal ?without prejudice? means that the case has no effect, and the same case with the same issues can be filed again in the future.
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.