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When a case is dismissed with prejudice, it means that the case is closed and cannot be brought back to court. This type of dismissal is final and typically occurs when the parties have reached an agreement, often using a Maine Stipulation of Dismissal with Prejudice. Understanding this term ensures you know the implications on your legal rights moving forward.
A stipulated (agreed) dismissal (see s. 799.24(3) of the Wisconsin Statutes) happens when the plaintiff and the defendant agree to have the judge dismiss the action and not enter a judgment against the defendant only if the defendant pays the plaintiff an agreed upon amount by a certain date.
In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can't be brought back to court. A case dismissed without prejudice means the opposite.
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.
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.