Motion Vacate Judgement Without Prejudice Definition
Description
How to fill out Motion To Vacate Judgment, Quash Subpoena Duces Tecum, Dismiss Writ Of Garnishment, And For Leave To File An Answer To Complaint?
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FAQ
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.
For example, an employer might admit in a without prejudice communication that it had failed to carry out certain procedures which might otherwise render a dismissal unfair, but the employee would normally not be able to show that admission to an Employment Tribunal to try and prove their claim.
?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).
?With prejudice? means the decision is final. ?Without prejudice? means it's not final and subject to future inquiry. If the judge announces a case is dismissed with prejudice, that means it's permanently dismissed and can't be retried.
If a decision or action is made without prejudice to a right or claim, it is made without having an effect on that right or claim: My client accepts the formal apology without prejudice to any further legal action she may decide to take.