Maine Stipulation of Dismissal with Prejudice

State:
Maine
Control #:
ME-AR-214-09
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PDF
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A09 Stipulation of Dismissal with Prejudice
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FAQ

The two dismissal rule refers to a legal principle that prohibits a plaintiff from voluntarily dismissing the same claim more than twice. Once a case has been dismissed in this manner, a future claim based on the same grounds may be barred. Understanding the implications of the Maine Stipulation of Dismissal with Prejudice can help navigate this rule effectively.

To dismiss a case with prejudice means the court permanently closes the case, preventing the plaintiff from filing another claim based on the same issue. This action often signifies that the merits of the case have been conclusively determined. The Maine Stipulation of Dismissal with Prejudice helps ensure that the matter is fully resolved, providing closure for all parties involved.

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.

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Maine Stipulation of Dismissal with Prejudice