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A case will be dismissed with prejudice if there is reason for the case not to be brought back to court; for example, if the judge deems the lawsuit frivolous or the the matter under consideration is resolved outside of court.
Definition from Nolo's Plain-English Law Dictionary When a lawsuit is dismissed with prejudice, the court is saying that it has made a final determination on the merits of the case, and that the plaintiff is therefore forbidden from filing another lawsuit based on the same grounds.
Fill out your court forms. Fill out a Request for Dismissal (Form CIV-110 ). File your forms at the courthouse where you filed your case. Serve the other side with a copy of the dismissal papers. File the Notice of Entry of Dismissal and Proof of Service (Form CIV-120)
A stipulated dismissal is always a voluntary agreement between the parties. After the court makes a determination of how much the defendant should pay, the parties can enter into the agreement and have it entered as an order by the judge.
Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it; dismissal without prejudice is not.