Michigan Stipulation for Dismissal Without Prejudice
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FAQ
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.
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.
Civil or criminal court cases dismissed with prejudice cannot be re-filed. They are final. They cannot be filed, again. They can only be appealed.
When a case is dismissed without prejudice, it leaves the plaintiff free to bring another suit based on the same grounds, for example if the defendant doesn't follow through on the terms of a settlement. See: dismiss, dismissal with prejudice.
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.
A judge may dismiss a case without prejudice in order to allow for errors in the case presented to be addressed before it is brought back to court. A judge will dismiss a case with prejudice if he or she finds reason why the case should not move forward and should be permanently closed.
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.
The courts in California may dismiss a case either with or without prejudice. Cases dismissed with prejudice cannot be reopened.
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.