This form is a sample order dismissing plaintiff's cause of action without prejudice.
Georgia Personal Injury - Order Dismissing Cause Without Prejudice
State:
Multi-State
Control #:
US-PI-0295
Format:
Word;
Rich Text
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FAQ
Dismiss refers to the court's decision to terminate a court case without imposing liability on the defendant.
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.
To vacate a court order or judgment means to cancel it or render it null and void. ?DISMISSED? the ruling by a judge that all or a portion (one or more of the causes of action) of the plaintiff's lawsuit is terminated (thrown out) at that point without further evidence or testimony.
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.
VOLUNTARY DISMISSAL WITHOUT PREJUDICE dismisses the referenced action, without prejudice, with each party to bear his or her own costs and fees.
A defendant may choose to submit a motion to dismiss for one of two reasons: 1) to allege a lack of jurisdiction over the defendant; or 2) to show that the plaintiff's claim is without legal or factual merit.
District Courts may dismiss with prejudice where the plaintiff acted irresponsibly or in bad faith, or where rehearing the claim would burden the court system.